ChandanKumar 672b2c22824d44bbeb360723
ChandanKumar 672b2c22824d44bbeb360723
APPLICATION DETAILS
Home Loan
Constitution Individual Proprietorship Partnership Firm Pvt. Ltd. Public Ltd. Others __________________________
Mobile No. +91 7652987558 Telephone No. (R) Telephone No. (O)
Email ID
Religion Hindu Muslim Sikh Christian Jain Buddhist Zorastrian Others _______________ Gender M F T ^ ^Third Gender
Others
Marital Status Married Single Widow(er) Divorced Nationality Indian Date of Birth/ Incorporation/ Commencement 16/12/2001
__________
Chandan Kumar
Aadhaar
06 Nov 2024 at 14:13:29 IST (UTC+05:30) eSign
Document Id: 672b2c22824d44bbeb360723
PAN No. LQUPK6390J Form 60 (Please provide Form 49A if PAN applied) Residential Status Resident Non-Resident PIO OCI Foreign National
Education Uneducated Undergraduate Graduate Postgraduate Professional degree Others BELOW 10TH
Are you a related party to AU Small Finance Bank, as defined under GST** Yes No
Address Line 3
Address Line 3
Country India Others ________________ Property Status Self-Owned Rented Company Provided Parental Others ______________
KYC DETAILS
Chandan Kumar
Aadhaar
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Document Id: 672b2c22824d44bbeb360723
Proof of
Passport Driving License Aadhaar Voter ID Others ______________
Address
OCCUPATION
Govt. Self-employed Self Employed Professional Retired Student Housewife
Salaried
{ Private
Public
Agri Annual Income (INR) 4,68,000
EMPLOYER/
BUSINESS
DETAILS
Entity/ Employer
ICICI BANK LIMITED Total Exp. in Job/Business 5 Years 1 Months
Name
Nature of
Farmer Manufacturer Service Provider Trader/ Shopkeeper Others Service
Business
Constitution of Entity
Business
Proprietorship Partnership Firm Pvt. Ltd. Others Proof { ____________________
Business
Self-Owned ( Mortgaged Free ) Rented Parental ____________________
Premises
Address
ICICI Bank
Line 1
Address
Goniana mandi
Line 2
City BATHINDA District BATHINDA PIN Code 151001
C. REFERENCES
Name Jasde
Farm Credit Individual Farmers directly engaged in Agriculture and Allied Activities, viz., dairy, fishery, animal husbandry, poultry, bee-keeping and sericulture.
Land (acres) 0-2.47 2.48-4.94 4.95 & above Specify (acres): 0.00 Location: _____________ PIN: _____________
Agri Infrastructure: Loans for construction of storage facilities (warehouses, market yards, godowns and silos) including cold storage designed to store agriculture produce/products
Ancillary activities: Food & Agro processing
Manufacturing Enterprise: Manufacturing unit with investment in plant & machinery upto INR 25 Lakh > INR 25 Lakh to INR 5 Cr. > INR 5 Cr. to INR 10 Cr. 10 Cr. & above
Value of Investment (): _____________
Service Enterprise Service unit with investment in equipment upto INR 10 Lakh > INR 10 Lakh to INR 2 Cr. > INR 2 Cr. to INR 5 Cr. 5 Cr. & above
(Professional/Non-Professional/SRTO/Trade/Retail Trade) Value of Investment (): _____________
Khadi & village industries (KVI sector)
Declaration: I/we hereby declare/confirm that the vehicle purchased/ to be purchased/loan availed to be availed by me/us shall be used:
For the purpose of Agriculture and/or assist the transport of agriculture input and farm product.
For the purpose of Business : I/We are aware that it is on the faith of this representation, declaration and confirmation that you have agreed to consider my loan application for financial assistance under
the category of priority sector advances. I/We shall indemnify the bank to make the loss of good in the event of any loss or damage that may arise on account of false/incorrect declaration by me/us.
Chandan Kumar
Aadhaar
06 Nov 2024 at 14:13:29 IST (UTC+05:30) eSign
Document Id: 672b2c22824d44bbeb360723
S.No. Accounts No. Name of Institution Account / Facility Type Tenure EMI Amount (INR) Facility Amount (INR)
1
2
3
S.No. Vehicle No. Model Owner Relationship with Key Person Free / Finance Name of Finance Institution
1
2
3
J. DOCUMENT CHECKLIST
Documents
1) Stamp Duty: At actual as per applicable law. 7) Collection/EMI Pick-up Charges: INR 600 /- per instance
2) Interest rate of 20.00 % p.a. 8) Duplicate Amortization/ Repayment Schedule: INR 500 /- per instance
3) Processing Charges (Non-Refundable) if INR. 2,867 9) Cheque/SI/ECS swapping Charges: INR 1000 /- per instance
4) Cheque/SI/NACH return Charges: INR 500 /- per instance 10) Loan Pre-payment Charges: <= 12 Months of EMI Repayment: 5%
5) Interest on overdue instalment: At the contracted rate of Interest (Loan IRR) (on principle outstanding) > 12 Months of EMI Repayment: 4%
6) Penal Charges on Instalment default : Rs 0.65 per Rs 1000 (or every part thereof) will be
11) Statement of Account/ Foreclosure statement: INR 500 /- per statement
charged daily on overdue instalment
NOTE: (1) Visit http://www.aubank.in for detailed fees and charges under the respective loan product
Changes in charges from time to time are updated on bank's website. (2) All of the above charges are subject to change as per the Bank's discretion from time to time. (3) All of the above charges are exclusive of all statutory and Government
taxes.
L. DECLARATION
1. I/We declare that all the particulars and information and details given/filled in this application form are true, correct, complete and up-to-date in all respects and that I/We have not withheld any
information whatsoever.
2. Chandan Kumar
Aadhaar
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Document Id: 672b2c22824d44bbeb360723
2. I/We confirm that no insolvency proceeding or suit for recovery of outstanding dues or monies whatsoever or for attachment of my/our assets or properties and or proceeding have been initiated and
/or are pending against me/us and that I/We have never been adjudicated insolvent by any court or other authorities.
3. No action nor other steps have been taken or legal proceedings started by or against me/us in any court of law/other authorities for winding up, dissolution, administration or re-organization or for the
appointment of a receiver, trustee or similar officer or for my/our assets.
4. I/We understand and acknowledge that AU Small Finance Bank Ltd. shall have the absolute discretion without assigning any reason (unless required by applicable law) to reject my/our application
and that AU Small Finance Bank Ltd. shall not be responsible/liable in any manner whatsoever to me/us for such rejection or any delay in notifying me/us of such rejection. Any costs, losses,
damages or expenses, or other consequences, caused by reason of such rejection of our application.
5. AU Small Finance Bank Ltd. its group companies reserves the right to retain the photographs and documents submitted and will not return the same of the applicant
6. I/We are neither related to any of the directors of AU Small Finance Bank Ltd. nor I/We are his/her relatives as defined under Companies Act, 2013.
7. I/We hereby represent, warrant and confirm that the offers and purpose is a valid purpose and also agree and undertake to utilize the loan only for the above mentioned purpose and that the loan
shall not be used for any illegal and/or anti-social and/or speculative purpose including but not limited to participating in stock market/IPOs
8. I/We have been explained the product features for which I/We have applied for. I/We have read and understood the terms and conditions of the loan product of AU Small Finance Bank Ltd. and I/We
agree to abide by them. All the terms and conditions set out in the Facility Terms shall govern and apply to the facility and all my/our obligations (as well in AU Small Finance Bank Ltd.'s rights and
remedies) in relation thereto, if the facility applied for by me/us herein is sanctioned and granted by AU Small Finance Bank Ltd. based on my/our application.
9. I/We further authorize AU Small Finance Bank Ltd., and or its associates/subsidiaries/affiliates and has NO OBECTIONs to verify any information by visiting at my office/residence and/or contact me
and/or my family members and/or my employer/Banker/Credit Bureau and to conduct internal checks for all my submitted documents and for other information pertaining to the policies of AU Small
Finance Bank Ltd.. I/We also authorize AU Small Finance Bank Ltd. to conduct ROC search and charge creation against the facilities availed by me/us.
10. I/We undertake to inform AU Small Finance Bank Ltd. regarding any changes whatsoever in my/our address, email ID, contact number as specified herein above.
11. I/We acknowledge and agree that the grant of the facility by AU Small Finance Bank Ltd. to me/shall be subject to compliance by me/us of the terms and conditions set out under this Application
Form, Sanction Letter and its schedules (collectively, the "Facility Terms")
12. I/We confirm that the Processing Fee paid by me/us is Non-refundable under any circumstances whatsoever including but not limited to decline/part disbursement/disbursement of the Loan.
13. From time to time, AU Small Finance Bank Ltd. communicates various features/products/promotional offers which offer significant benefits to its customer and may use the services of third party
agencies to do so. Do you wish to be informed about such benefits?
I/We expressly authorize AU Small Finance Bank Ltd. to use information or data relating to me/us, for communicating marketing offers as outlined above. (Please tick)
I/We do not wish to receive offers as outlined above. (Please tick)
14. I/We is a relative/known to an AU Bank Employee Yes No If Yes, then details are: _____________________
15. It is stated that the Customer/Account holder has provided consent that the Bank can extract his/her personal details, or any details as required by the Bank under law from CERSAI or any other
authority by way of submission of his/her CKYCR number, in accordance with RBI guidelines or any other relevant law.
16. I/We do hereby provide my/our consent to AU Small Finance Bank Limited for sharing my/our required information including Aadhaar Number, Mobile number, Address and other demographic
details, shared by me/us with the AU Small Finance Bank Limited, with Udyam Assist Portal (www.udyamassist.gov.in) for getting my/our Udyam Registration done with the Ministry of MSME,
Government of India (if eligible).
Signature of Applicant
Chandan Kumar
Aadhaar
06 Nov 2024 at 14:13:29 IST (UTC+05:30) eSign
Document Id: 672b2c22824d44bbeb360723
Ref No : PUN0003744617
Date : 06/11/2024
Kind Attn: : Mr Chandan Kumar
Subject : Sanction of Two Wheeler (New) loan from AU Small Finance Bank Limited for an amount of Rs. 91,000 /- only.
Dear Sir/Madam,
We thank you for choosing AU SMALL FINANCE BANK LIMITED ("AUSFB" which expression shall include our successors, transferers, novatees and assigns) as your financial partner and look
forward to an enduring relationship with you.
With reference to your loan application (“Application”), we are pleased to extend to you the captioned loan for an amount detailed below subject to terms and conditions set out in this letter (“Sanction
Letter”) and execution of the loan documents between the Borrower, Co-Borrower (collectively referred to as “Borrower”) and the “Guarantor” and AUSFB and submission of other required
documents detailed below.
This Sanction Letter/KFS shall be read, understood, and construed in conjunction with the terms contained here-in and those as contained in the Agreement for Loan cum Hypothecation and the Loan
Application made and signed by the Borrower/Co-Borrower/Guarantor named herein:
Sr.
Particulars Details/Description
No.
3. Co-Borrower
Chandan Kumar
Aadhaar
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Document Id: 672b2c22824d44bbeb360723
Disbursal schedule
(i)Disbursement in stages or 100%
upfront.
10. 100% upfront
(ii)If it is stage wise, mention the
clause of loan agreement having
relevant details
10 day of every Calendar Month MONTHLY 36 of 34 days starting from 06/11/2024 and continuing till date of First EMIas mentioned above. (if applicable).
- - - - - - - -
Chandan Kumar
Aadhaar
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(i) Foreclosure charges, if applicable 5% of Balance amount, if paid before 12 months.4% of Balance amount, if paid after 12 months
(iii) Any other charges (please specify) As mentioned in Schedule (Schedule of Charges) below
21. Loan Disbursement Details As per the Disbursement Request Form (“DRF”) or any other instruction given by the Borrower.
The Lender shall make disbursements via any electronic mode of transfer viz. NEFT, IMPS, RTGS into the designated account provided by the Borrower or as per
22. Mode of Disbursement
DRF.
shall be charged @ Rs 0.65 for every Rs 1000 (or every part thereof) per day on overdue EMIs/installments/amount/interest till the time entire overdue EMIs/
23. Penal Charges installments/amount/interest is not paid, the outstanding amount of Loan for any breach of the terms of the Sanction Letter or KFS or Agreement till the time breach
continues.
Interest on overdue
24. shall be charged on overdue EMI/installments/amounts/interest at the contracted rate of interest of the Loan (Loan IRR)
EMI/installments/amounts/ interest
(a) ECS/NACH;
(b) NEFT;
(c) PDCs;
25. Repayment Instrument
(d) RTGS;
(e) Standing instructions at the bank; and
(f) Any other instrument suitable from time to time and suggested by AUSFB
Make : HERO
Model : SPLENDOR PLUS XTEC
Engine No :
26. Details of Assets Chassis No :
Reg No :
*In case of Loan on New Asset details will be as per Annexure- "AD"
Chandan Kumar
Aadhaar
06 Nov 2024 at 14:13:29 IST (UTC+05:30) eSign
Document Id: 672b2c22824d44bbeb360723
Sr.
Particulars Details/Description
No.
The Bank may, in its sole discretion, exercise or discharge any of its rights, functions, powers or duties under the Agreement either by itself (through its officers or
employees) or through its appointed third parties (including recovery agents).
Clause of Loan agreement relating to
1 The Borrower confirms and expressly consents to the Bank that upon occurrence of an Event of Default, the Bank either by itself (through its officers or
engagement of recovery agents
employees) or through its appointed third parties (including recovery agents), to use the contact details provided by the Borrower and Guarantor to the Bank to
get in touch with the Borrower/Guarantor including their authorised signatory(ies)/ representative(s) and family members and disclose them relevant details
pertaining to the Loan.
For redressal of any grievance arising out of this Agreement, the Borrower may adopt the redressal mechanism laid down in the grievance redressal policy of the
Clause of Loan agreement which
2 Bank which is uploaded on the Bank’s website www.aubank.in and/or may contact the nodal grievance redressal officer, as per the matrix and on the
details grievance redressal mechanism
email/phone number provided hereunder.
Email: [email protected]
Office Address: -
19-A, Dhuleshwar Garden, Ajmer Road, Jaipur, 302001 Call: +91 8690998401
Phone number and email id of the
3 Timings: 9.15 am to 6:15 pm Monday to Saturday (except second and fourth Saturdays and Bank Holidays)
nodal grievance redressal officer
Email: [email protected]
19-A, Dhuleshwar Garden, Ajmer Road, Jaipur, 302001 Call: Phone Number: 0141- 6660645
Timings : 9.15 am to 6:15 pm Monday to Saturday (except second and fourth Saturdays and Bank Holidays)
Email: [email protected]
5 In case of lending under collaborative lending arrangements (e.g., co-lending/ outsourcing), following additional details may be furnished:
Chandan Kumar
Aadhaar
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Document Id: 672b2c22824d44bbeb360723
Name of the originating RE, along with its funding proportion Name of the partner RE along with its proportion of funding Blended rate of interest
- - -
Annex B Illustration for computation of APR for Retail and MSME loans
Sr.
Parameter Details
No.
1 Sanctioned Loan amount (in Rupees) (Sl no. 2 of the KFS template – Part 1) Rs.91,000/-
2 Loan Term (in years/ months/ days) (Sl No.4 of the KFS template – Part 1) 36
a) No. of instalments for payment of principal, in case of non equated periodic loans 36
d) Commencement of repayments, post sanction (Sl No. 5 of the KFS template – Part 1) 30 days
3 Interest rate type (fixed or floating or hybrid) (Sl No. 6 of the KFS template – Part 1) Fixed
5 Total Interest Amount to be charged during the entire tenor of the loan as per the rate prevailing on sanction date (in Rupees) Rs.31197.00/-
B Payable to third-party routed through RE (Sl No.17B of the KFS template – Part 1) -
8 Total amount to be paid by the borrower (sum of 1 and 5) (in Rupees) Rs.1,22,197/-
9 Annual Percentage rate- Effective annualized interest rate (in percentage) (Sl No.9 of the KFS template-Part 1) 22.35%
11 Due date of payment of instalment and interest 10 day of every Calendar Month
Chandan Kumar
Aadhaar
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Document Id: 672b2c22824d44bbeb360723
Annex C
Illustrative Repayment Schedule under Equated Periodic Instalment for the hypothetical loan illustrated in Annex B
Installment
Installment (in Rupees) Principal (in Rupees) Interest (in Rupees) Outstanding Principal (in Rupees)
Number
1 3382.00 1613.00 1769.00 89387.00
2 3382.00 1892.00 1490.00 87495.00
3 3382.00 1924.00 1458.00 85571.00
4 3382.00 1956.00 1426.00 83615.00
5 3382.00 1988.00 1394.00 81627.00
6 3382.00 2022.00 1360.00 79605.00
7 3382.00 2055.00 1327.00 77550.00
8 3382.00 2089.00 1293.00 75461.00
9 3382.00 2124.00 1258.00 73337.00
10 3382.00 2160.00 1222.00 71177.00
11 3382.00 2196.00 1186.00 68981.00
12 3382.00 2232.00 1150.00 66749.00
13 3382.00 2270.00 1112.00 64479.00
14 3382.00 2307.00 1075.00 62172.00
15 3382.00 2346.00 1036.00 59826.00
16 3382.00 2385.00 997.00 57441.00
17 3382.00 2425.00 957.00 55016.00
18 3382.00 2465.00 917.00 52551.00
19 3382.00 2506.00 876.00 50045.00
20 3382.00 2548.00 834.00 47497.00
21 3382.00 2590.00 792.00 44907.00
22 3382.00 2634.00 748.00 42273.00
23 3382.00 2677.00 705.00 39596.00
24 3382.00 2722.00 660.00 36874.00
25 3382.00 2767.00 615.00 34107.00
26 3382.00 2814.00 568.00 31293.00
27 3382.00 2860.00 522.00 28433.00
28 3382.00 2908.00 474.00 25525.00
29 3382.00 2957.00 425.00 22568.00
30 3382.00 3006.00 376.00 19562.00
31 3382.00 3056.00 326.00 16506.00
32 3382.00 3107.00 275.00 13399.00
33 3382.00 3159.00 223.00 10240.00
34 3382.00 3211.00 171.00 7029.00
35 3382.00 3265.00 117.00 3764.00
36 3827.00 3764.00 63.00 0.00
Chandan Kumar
Aadhaar
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Document Id: 672b2c22824d44bbeb360723
SCHEDULE OF CHARGES(SOC)
Interest Rates
SNo. Interest Rate Two Wheeler
1 Interest Rate Up to 28%
2 Interest Rate- Used Vehicle Up to 28%
Notes:
1. Charges are as applicable for the respective Wheels product variants as defined by AU Small Finance Bank.
2. The above charges are subject to revision with prior intimation of 30 days to all account holders.
3. GST and other Government taxes applicable as per prevailing rate will be charged over and above the fees and charges.
4. Alerts that have been mandated by RBI as well as alerts which are deemed appropriate by the Bank, will be sent free of charge.
5. Bank do not levy any loan related and adhoc service charges/inspection charges on priority sector loans up to INR 25000.
6. On delay in ROC charge filing within stipulated period, additional expenses/fees at actuals shall be levied.
7. Chandan Kumar
Aadhaar
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Document Id: 672b2c22824d44bbeb360723
7. In case of floating rate, wheels loans offered for 'Other than Business' purposes to individual borrowers with or without co-obligant(s), No prepayment/foreclosure charges shall be levied.
8. The terms and conditions, as defined by AU Small Finance Bank, apply. Please refer www.aubank.in for further details.
9. The charges are revised with effect from Aug 12th, 2024.
Chandan Kumar
Aadhaar
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Document Id: 672b2c22824d44bbeb360723
1. This sanction Letter is valid for 30 days from the date of sanction and subject to submission of all required document for the proposed Loan and fulfillment of all the conditions stipulated in KFS
and/or other Loan documents.
2. AUSFB reserves the right to amend any of the terms and conditions or cancel or recall or accelerate the loan facility as per the terms & conditions more particularly stated in Loan
Agreement/KFS/Sanction Letter.
3. Further, AUSFB may, absolutely and unconditionally, reduce, revoke, cancel and/or modify any undrawn amount (in whole or part), if any, from the sanctioned amount, at its discretion, at any
time, without giving any prior notice to the Borrower(s) or without assigning any reasons thereof.
4. All the terms and conditions mentioned in this letter are subject to the execution of the Loan Agreement/Loan terms.
5. The Borrower(s) understands, confirms and agrees that sufficient funds shall be made available in the bank account to honour the loan repayment commitment, else, AUSFB shall be entitled to
present such the NACH mandate or any other electronic payment mandate on multiple dates till realization of loan dues. Further on return/dishonor of the re-payment mandate will result in
Bounce Charges being added to the outstanding dues.
6. Borrower Agrees that the timely repayment of loan as per the EMI due date is important and necessary to be adhered by Borrower without exception else the loan account shall be flagged as
overdue as per Regulatory Guidelines and the same is detailed in the Loan Agreement, forease of your understanding.
7. Payment of installments should be by Repayment Instruments drawn on any one of the places where AUSFB branch office is situated or cash or demand draft or by and will accordingly be
received by AUSFB at the branch office concerned, as the case may be, on or before respective due dates.
8. Charges given above in the KFS and in the Table A are only indicative, subject to changes at the sole discretion of the Bank. Actual rate of Charges as on the date of levy of such a charge be
applicable.
9. Any delay in payment of installments will accrue penal interest charges and at the rates specified in the KFS
10. All other terms and condition of the Loan will be as per the KFS and Agreement for Loan cum Hypothecation. KFS shall form part and parcel of Agreement for Loan cum Hypothecation and
they shall always be read in conjunction with each other.
11. The bank is not liable for any change in asset price/ rebate given by the dealer.
12. KFS, Agreement for Loan cum Hypothecation and other connected documents shall be executed digitally by you on the terms stipulated in the Agreement for Loan cum Hypothecation.
By entering the one-time password (“OTP”) sent by AUSFB or by providing physical signature on this Sanction Letter or by clicking on the “I Agree” button, the Applicant hereby confirm that
he/she/they (i) is/are at least 18 years of age, (ii) can understand, read and access the world wide web / internet in English language, (iii) have read, understood and agree to be bound by the terms in this
Sanction Letter. (iv) understand/s that this action constitutes a valid acceptance of the terms and conditions contained herein, which shall have binding effect on me/us.
Chandan Kumar
Aadhaar
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Document Id: 672b2c22824d44bbeb360723
By checking/clicking on the 'I Agree' or similar button or by entering the One-Time Password (“OTP”) sent by AUSFB or by providing physical signature on this Agreement, the Borrower(s) hereby
agrees and acknowledges that the Borrower(s): (i) is at least 18 years of age, (ii) can understand, read and write in the English language, (iii) has read and understood the terms and conditions contained
in the Sanction Letter/KFS and Agreement in relation to the Loan including First Part, Second Part and Third Part ("Terms and Conditions") and (iv) the Borrower(s) agrees to be bound by such Terms
and Conditions contained herein below in relation to the Loan.
The Borrower(s) agrees that his/her action of entering the OTP sent by the AUSFB or clicking the 'I Agree' button or by providing physical signature on this Agreement, constitutes a valid acceptance
of the Terms and Conditions contained herein in relation to the Loan and same shall create a binding and enforceable agreement.
The terms and conditions contained in this Agreement in relation to the Loan shall constitute the complete understanding and agreement between the Borrower and the AUSFB and shall supersede all or
any oral or written discussions with respect to the Borrower availing the Loan from the AUSFB.
FIRST PART
Co-Borrower :
Chandan Kumar
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Document Id: 672b2c22824d44bbeb360723
SECOND PART
Loan Details
Loan sanction by AUSFB : Rs.91,000/- (In words Rupees Ninety One Thousand Rupees Only)
APR : 22.35%
[ ] Floating
The interest charged for the number of day(s) which is / are over and abovethe period of thirty (30) days from the date of Disbursement of the Loan to till the
Broken Period Interest (P-EMI) : date of EMI commencement. Depending on the type of loan (product variant) availed, it will either get deducted from your loan amount or would be included
in your first EMI.
Details of Disbursement : As per the Disbursement request Form/Other Instruction given by Borrower.
Interest on overdue
: shall be charged on overdue EMI/installments/amounts/interest at the contracted rate of interest of the Loan (Loan IRR)
EMI/installments/amounts/ interest
shall be charged @ Rs 0.65 for every Rs 1000 (or every part thereof) per day on:
Penal Interest : i). overdue EMIs/installments/amount/interest till the time entire overdue EMIs/ installments/amount/interest is not paid,
ii). the outstanding amount of Loan for any breach of the terms of the Sanction Letter or KFS or Agreement till the time breach continues.
Cheque/SI/ACH/ECS Return Charges : Rs. 500/- per instrument per instance plus applicable taxes as on date.
# This amount may vary basis date of disbursement and applicability of Broken Period Interest/ Pre-EMI Interest.
Chandan Kumar
Aadhaar
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Document Id: 672b2c22824d44bbeb360723
THIRD PART
This composite Agreement for Loan cum Hypothecation (“Agreement”) is made and executed on the date and at the place as mentioned in the First Part of this Agreement,
BETWEEN
'Borrower(s)' the details whereof are stated in the Sanction Letter/KFS hereunder and the First Part of this Agreement.
AND
AU SMALL FINANCE BANK LIMITED, a small finance bank regulated by Reserve Bank of India (RBI), having its registered office at 19-A, Dhuleshwar Garden, Ajmer Road, Jaipur-302001 and
a branch office in India as mentioned in the Sanction Letter/KFS and referred to as "AUSFB/ Bank/Lender" (which expression shall, unless repugnant to the context or meaning thereof, be deemed to
mean and include its successors and assigns) of the Second Part.
The Borrower and the Co-Borrower(s) shall unless it is repugnant to the context or meaning thereof jointly referred hereinafter as the Borrowers.
WHEREAS:
The Borrower(s) has approached the Bank to avail the Loan to be extended to the (Borrowers) for/ against the following purpose.
1. Purchases of new Asset/s including all accessories and any incidental expenses and/or
2. Refinance on the old asset(s)/ Purchases of an old Asset(s) with all accessories and any incidental expenses, and /or
3. The purpose for which the Loan is given as specified in the KFS
At the request of the Borrower(s), the Bank has agreed to grant the Loan requested for, upon the following terms and conditions, which have been duly accepted by the Borrower(s).
DEFINITIONS
The terms and expression contained in this Agreement and specified in the KFS are defined as under.
1.1 "Borrower" shall mean and include the persons named in the KFS as the Borrower and the Co-Borrowers, and where the context admits and subject as hereinafter provided, (i) in the event that the
Borrower is a Company within the meaning of the Companies Act, 2013/1956 or (ii) a Limited Liability Partnership (LLP), incorporated under the Limited Liability Partnership Act, 2008, its
successors; or (iii) in the event that the Borrower is a partnership firm for the purposes of the Indian Partnership Act, 1932, the partners for the time being and from time to time and their respective
legal heirs, executors and administrators, legal representatives and successors; or (iv) in the event that the Borrower is a sole proprietorship, the sole proprietor and his/ her legal heirs, administrators,
executors and legal representatives; or (v) in the event that the Borrower is an individual, his/ her legal heirs, administrators and executors.
1.2 "City of Registration" - shall mean the city/town where the Asset/s (old or new) is registered or to be registered, with the Registering Authority.
1.3 “Asset/s or Hypothecated Assets” shall mean motor vehicle (old or new) of the Borrower(s) for the purchase of which the Loan has been granted by the Bank and Hypothecated with the Bank as
security. (Particulars of the Asset purchased is in Sanction Letter/KFS or Annexure AD (in case of Loan on New Asset).
1.5 "Corporation" shall mean anybody corporate constituted or incorporated under a statute.
1.6 "Documents" or "Collateral Documents" shall mean Loan Application, KFS, this Agreement, Annexures and addendum thereto and such other documents incidental hereto and/or contemplated
hereby, which the Borrower has furnished to the Bank and/or on which the Bank has relied upon to extend this Loan facility to the Borrower.
1.7 "Fees and Charges" shall mean charges & fees as given in the Sanction Letter/KFS.
1.8 "Guarantor(s)" (if applicable) which expression shall, unless it be repugnant to the subject meaning or context thereof, be deemed to mean and include their heir(s), administrator(s),executor(s),
legal representative(s), successor(s) and permitted assign(s), hereby irrevocably guarantee that the Borrower shall pay to the Bank , as and when due, the amount of the Loan along with interest, cost,
charges, as applicable to the Loan as provided in Sanction Letter/KFS together with interest and default interest in the event of delayed payment plus interest tax with monthly rests in respect of the
Loan extended to the Borrower by the Bank and all outstanding amounts payable under the Agreement, Provided that where there are more than one Guarantors, the above term shall mean and include
all the stated above, depending on the status of each such Guarantor.
1.9 “GST" shall include the Central Goods and Services Tax ('CGST'), the State Goods and Services Tax ('SGST'), Integrated Goods and Services Tax ('IGST'), Union Territory Goods and Services
Tax ('UTGST') and any other taxes levied under the GST related legislations in India as may be applicable. The term 'GST legislation/s' should be interpreted accordingly.
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1.10 "Pre equated Monthly installment/s Interest" means interest at the rate indicated in the Sanction Letter/KFS attached with the Agreement from the date of disbursement immediately prior to the
commencement of the installment.
1.11 "Lending Office" in relation to the Bank shall mean the branch office of the Bank specified in the Sanction Letter/KFS, from which the Loan is sanctioned and/or disbursed.
1.12 "Loan" shall mean the loan amount indicated in the Sanction Letter/KFS and Part 1 of this Agreement.
1.13 "Default/Penal/Overdue Interest" shall mean the interest assessed for payment for delay beyond the due date of the installment and as specified in the Sanction Letter/KFS, where applicable.
1.14 "Payment" shall mean premature repayment of the Loan amount and other charges under this Agreement, as per the conditions laid down by the Bank in that behalf and in force at the time of
repayment.
1.15 "Demand Promissory Note" shall mean the money bond executed by the Borrower in favour of the Bank with an agreed rate of interest undertaking return of the same.
1.16 "Rate of Interest" shall mean the rate of interest referred to in the Sanction Letter/KFS.
1.17 "Repayment" means the repayment of the principal amount of the Loan; interest thereon, commitment and/or any other charges, insurance (when applicable), fees and/or other dues payable in
terms of this Agreement to the Bank and means repayment as provided in this Agreement.
1.18 “Repayment Instrument” - means the payment of the Monthly Instalments and the Outstanding Dues, as the case may be, on or before the Due Dates(s), by any of the following modes, which
options are set out in Schedule II: (a) ECS/NACH; (b) NEFT; (c) PDCs; (d) RTGS; (e) Standing instructions at the bank; and (f) Any other instrument suitable from time to time. 'RBI' means the
Reserve Bank of India.
1.19 "Sub-Clause" unless otherwise stated, shall mean the sub-clause in which the reference appears.
1.20 "Electronic Clearing System" (ECS) means a debit clearing service notified by Reserve Bank of India, participation in which has been consented to in writing by the Borrowers for facilitating
Repayment/payment of EMI/Installments.
1.21 "Registering authority" shall have the meaning ascribed to such term under the Motor Vehicles Act, 1988
1.22 “Registration Certificate" shall mean the certificate of Registration given by the registering authority.
1.24 “Due Date(s)" shall mean the date(s) on which any amounts in respect of the Borrowers' dues including the principal amounts of the Loan, interest and/or any other Outstanding Amounts, fall due
as specified in this Agreement, KFS and any other document executed with respect to the Loan.
1.25 "Equated Monthly Installment" or "EMI" shall mean the amount, determined by the Lender, payable every month by the Borrowers to the Lender to amortize the Loan with interest over the Term
of the Loan.
1.26 “Sanction Letter/ Key Fact Statement” (KFS) shall mean the Document containing important terms of sanction of the Loan extended to the Borrower. Sanction Letter/KFS shall form part and
parcel of this Agreement and shall always be read in conjunction therewith.
1.27 "Outstanding Amounts" mean principal amount of the Loan outstanding from time to time, and all interests, Overdue Interest, penal interest, prepayment charges, costs, commissions, fees &
charges, expenses and other amounts due under or in respect of this Agreement.
2.1 The Bank hereby grants to the Borrower upon the terms and subject to the conditions hereof a Loan facility in the aggregate amount as stated in the Sanction Letter/ KFS, on the terms and
conditions herein set forth through its Lending Office.
2.2 The Loan shall be disbursed in lumpsum or in suitable installments as per sole discretion of the Bank (which decision shall be final and binding on the Borrowers) and in any case disbursement will
be subject to payment of margin money in respect of the Vehicle(s) by the Borrowers. The Borrowers shall acknowledge the receipt of the Loan disbursed in writing. In case of purchase of a new
Vehicle(s) the Lender shall disburse the Loan directly to the dealer for and on behalf of the Borrowers and every such disbursement to the dealer shall be deemed to be disbursement to the Borrowers
under this Agreement. In case of refinance of used Vehicle(s)/purchase of used Vehicle(s), the amount of Loan may be disbursed by the Bank to the owner/seller of the Vehicle(s) or to the dealer and
such disbursement shall be deemed to be disbursement to the Borrowers. The Borrowers shall on or before the date of the first disbursal of the Loan, pay to the Bank annual charges, processing charges,
one-time upfront fees and such other fees and charges at the rate as may be prescribed in the KFS along-with applicable goods and service tax. All payment to be made by the Bank to the Borrowers
under or in terms of this Agreement shall be made by Cheque / Demand Drafts/ Bankers Cheque duly crossed and marked as "A/c Payee Only" or any other mode decided by the Bank and the
collection charges, if any, in respect of all such instruments will begin to accrue in favour of the Lender as and from the date of issuance of the above instruments irrespective of the time for
transit/collection/realization/ by the Borrowers.
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2.3 The rate of interest on the Loan amount shall be as specified in the KFS. The Bank, in its sole discretion, shall be entitled to modify and vary the Interest Rate from time to time including on account
of changes in interest rates made by RBI and/or the Bank. Such variation(s) shall be binding upon the Borrowers.
2.4 The Borrower shall pay the Bank interest as mentioned in the KFS. The installments comprise of principal and interest calculated based on reducing balance of principal at the rate applicable and is
rounded off fractions of 50 paise into above shall be rounded off to the next higher rupee and fractions of less than 50 paise should be ignored. Interest and any other charges shall be computed based on
the year of three hundred and sixty-five (365) days or three hundred and sixty-five (366) days, as the case may be. The payment schedule of the installments in respect of the Loan is given in the KFS.
2.5 On delay in the repayment of interest and/or any other repayment by the Borrower beyond such repayment due date, the Bank shall be entitled to charge an additional interest as mentioned in the
KFS or such other rate as may be specified by the Bank from time to time on the entire outstanding amount, whether of Loan, interest, or any other charges payable hereunder. The charge would not
affect the obligation of strict compliance with the repayment schedule. The parties hereto expressly agree that time is the essence of the contract. The Borrower shall amortize the Loan facility, if not
demanded earlier by Lender as stipulated in and in accordance with and subject to the terms & conditions of the repayment schedule hereto. To overcome operational issues, holidays etc., It is advised
to keep sufficient balance in bank accounts 2-3 days prior to due date of EMI, for clearance of EMI on due dates, to avoid penal Interest and other charges and avoid delinquency status.
2.6 Any dishonoring of cheque / revocation of the SI/ECS Instruction, would make the Borrower liable to a flat charge and in case of dishonoring/nonpayment on the second presentation, cheque
bouncing charges as stated in the KFS would be levied. The levy of charge upon dishonoring/nonpayment of the cheque/ revocation of ECS instruction is without prejudice to the right of Bank under
section 138 of the Negotiable Instruments Act, 1881 or 25 of the Payment and Settlement Systems Act 2007 or any other rights and remedies in law.
2.7 The Borrower shall pay a one-time up-front amount towards services to be rendered by the Bank. The upfront amount for service rendered is described in KFS of this Agreement.
2.8 The Bank shall furnish a statement of account on or by the 31st of March each year, or at the beginning of Loan Agreement stating there in the amount due, the interest charged etc. Any such
statement of account furnished by the Bank shall be accepted by and be binding on the Borrower and shall be conclusive proof of the correctness of the amount mentioned therein. Without prejudice to
what is stated above, if the Borrower desires to question any statement or any part thereof or any matter connected there with, the Borrower shall inform the Bank with full details of the same within 15
days of the receipt of the statement by the Borrower and shall not be entitled to do thereafter on any ground whatsoever.
2.9 Any dispute being raised about the amount or interest computation or any amount under the Agreement will not enable the Borrower to withhold payment of any installment.
2.10 In case of any statement or Duplicate Document specially required by the Borrower, the Bank shall charge as stated in the KFS.
3. REPAYMENT
3.1 The Loan amount, interest and other charges thereon shall be repaid by the Borrower in installment as per the repayment schedule specified hereunder. Notwithstanding the same, the Bank may at
anytime, without the provision of any reason, therefore, require repayment of the Loan amount, interest and other charges thereon forthwith on demand and may appropriate all the amounts available
with the Bank towards these amounts, interest and other computation/fixation of installments shall be without prejudice to the right of the delivery of the Asset/s. The repayment shall commence as per
the repayment scheme irrespective of the delivery of the Asset/s. Strict compliance with the repayment scheme is an essential condition for the grant of the Loan. The Borrower shall repay the Loan,
interest and other charges by way of installment/ EMIs, the number of which is mentioned in the KFS and of amount(s) also mentioned in the KFS. The balance number of installment/EMIs as
mentioned in the KFS, are each payable at the period or as specified in the KFS by delivering to the Bank, the Repayment Instruments, in advance, duly signed. The first of the balance
installments/EMI shall be due on the date mentioned in the KFS, or after such other period as specified by the Bank from time to time. The number of cheque and the amounts of installment/EMI are as
mentioned at the KFS with date corresponding with the day when each of the above installments/EMI is payable, each in favour of the Bank (the said cheques are hereinafter referred to as" Repayment
Instruments").
3.2 No notice, reminder or intimation shall be given by the Bank to the Borrower prior to the presentation of any of the repayment instruments to the respective drawee banks for encashment thereof.
3.3 Each of the Repayment Instrument shall be deemed to have been drawn on the date which shall appear on each of such cheques. Such Repayment Instrument shall be drawn from a scheduled Bank
situated in a town or city where such Lending office of the Bank is located.
3.4 The Borrower may prepay the whole or any part {at the discretion of the Bank) of the outstanding Loan (including interest, fees and charges herein) by giving notice in writing to that effect. The
Borrower would have to give a minimum written notice of 30 days expressing his intention to prepay the Loan amount. In such an event the Bank will be entitled to charge Prepayment Charges as
mentioned in the KFS on the principal outstanding or any other rate which is applicable at such time as per the Bank policy on the principal outstanding. Prepayment will be applied to installment in
inverse order of maturity. The interest and any other charges etc. would be leviable till the end of the months in which prepayment notice expire and the interest has been computed as per clause 2 of
this Agreement. The prepayment shall take effect only when the repayment instruments have been cleared.
3.5 The Bank may at its absolute discretion on encashment of any or more of the Repayment Instrument, pay insurance premium or part thereof or any fees or charges payable by the Borrower herein
without adjusting the proceeds of such instruments towards any Installment or Installments).
3.6 If any, one or more than one or all the Repayment Instrument is delivered to the Bank by the Borrower pursuant to the terms of sub-clause 3.1 or to be delivered in terms of sub clause:
3.8 Becomes non-encashable due to death, insolvency, lunacy, termination of authority or otherwise of the signatory thereof or liquidation or any moratorium of the drawee bank, then in that event, the
Borrower shall, with three working days of receipt of any intimation of such loss, destruction or misplacement (as the case may be) from the Bank or immediately on the said cheques or any of those
being non encashable due to the reasons mentioned above, deliver to the Bank such number of cheques (those that have been lost, destroyed, misplaced or become non encashable) drawn in the manner
mentioned in Sub-Clause. Any non-presentation on the Bank due to any reason whatsoever will not affect the liability of the Borrower to repay the Loan and/or any other amount under this Agreement.
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3.9 Upon execution of this Agreement the Borrower and Guarantor (if any) may be required, at the discretion of the Lender a Demand Promissory Note of the value of the total Loan amount. It is
expressly clarified that such Demand Promissory Note shall be by way of collection of security and shall not be deemed to be conditional payment of the Loan.
3.10 In the event of cancellation of the Loan Agreement before the delivery of the Asset/s, the Borrower is liable to pay the Loan Cancellation/Rebooking charges as stated in the KFS, in addition to
other charges as expressed in this Agreement.
4.1 The Borrower hereto confirms that the Asset price has been arrived at after taking into account all relevant taxes, duties and levies applicable as on the date of this Agreement. The Borrower agrees
that the installment shall be increased by any fresh imposition or increase in Asset price, taxes, duties, levies become payable by the Bank by virtue of entering into this Agreement. In the event of such
taxes, duties, levies and charges increasing during the period of the placing of the order of the Asset and its acceptance and eventual delivery to the Borrower, such increase shall be borne and paid by
the Borrower.
4.2 If the price of the Asset (in case of acquiring a new Asset) is revised upwards after the date hereof, then and in that event the Borrower shall pay all of the amount (in addition to the amount paid or
to be paid by him/it along with the Loan as the price of the Asset) that may be required for acquiring the Asset at such revised price and the Bank shall not be liable to pay such amount by way of Loan
or otherwise for such revision in price of the Asset.
4.3 The Borrower has chosen the Asset of his choice and out of his own free will, and the Bank has no role in it.
4.4 If the Borrower fails to pay the amount as mentioned in Sub-clause 4.2 within fifteen days of revision of the price of the Asset or within the period allowed for this purpose by the manufacturer or
dealer of the Asset, which is earlier, then and in that event the Bank may at its discretion as agent of the Borrower cancel, annul or rescind the booking of the Asset and collect the refund of booking
price (after such deductions as may be made by the manufacturer of the Asset or its dealer) for adjustment thereof against any amount that may be due and payable by the Borrower to it in terms hereof.
4.5 The Borrower for the purpose of clause 4.3 hereby irrevocably authorized the Bank to cancel, annual or rescind any booking of the Asset and to receive any refund of booking price or the Asset
from the manufacturer or its dealer.
5. SECURITY
In consideration of the Bank having granted or agreed to grant to the Borrower(s) and/or the Guarantor the Loan subject to the terms and conditions mentioned herein, herby agrees and acknowledges as
under:
5.1 The Borrower hereby hypothecates to and charges in favor of the Bank by way of first and exclusive charge on the Assets described in the KFS or Annexure AD. The Borrower confirms that the
Asset(s) carries no prior lien, and it is free from any encumbrances. Provided that if the Asset (to be acquired) has not been delivered to and/or registered (wherever applicable) in the name of the
Borrower at the time of signing of this Agreement and KFS , the particulars of the Asset shall be informed to the Bank in writing (Annexure AD) by the Borrower or the Borrower may direct the dealer
to supply the same within two days of such delivery, whereupon such writing (Annexure AD) shall from part of the KFS and this Agreement hereof;
5.2 That the Bank is not responsible for delivery of duly endorsed registration certificate and that the Borrower shall not withhold payment of stipulated installments on the pretext that registration
certificate has not been delivered.
5.3 The Borrower hereby expressly and irrevocably agrees that the Borrower shall be estopped in law from taking the plea that on the date the Loan Agreement and KFS was signed the exact details of
the Asset were not available. The Borrower undertakes to get the endorsement to hypothecation done in the registration certificate from the concerned registration authority (wherever applicable). The
endorsement shall be made in the name of the Bank, the Borrower(s), where the Borrower(s) or any of them is a Company, undertakes to get the charge registered with the relevant Registrar of
Companies (ROC) in a manner acceptable to the Bank.
5.4 The charge created by the Borrower in clause 5.1 above shall stand as security for the repayment and payment by the Borrower of the Loan granted or to be granted to the Borrower by the Bank and
of all fees, interest costs and expenses incurred or to be incurred by the Bank hereunder and all. Other monies payable or to become payable by the Borrower to the Bank pursuant to the terms hereof.
5.5 The charges hereunder created shall remain in full force so long as all the repayments and payments mentioned in Clause 3 are not made.
5.6 The hypothecation shall be deemed to take place immediately on signing of this Agreement or delivery of the asset whichever is earlier.
5.7 The security for the Loan is created by hypothecation of the vehicle and the Borrower agrees and undertake that the principle sum of the Loan, interest, commitment and charges and any other dues
under this Agreement shall be secured by a first hypothecation of the vehicle described in the KFS or Annexure AD and charged in favor of the Bank and same will be up to the satisfaction of the Bank.
(i) Give a declaration to the effect that the Hypothecated Assets have a clear and marketable title offered as primary/collateral security which is free from all reasonable doubts and encumbrance and
that the Borrower indemnifies and keep the Bank saved and harmless against any risk whatsoever.
(ii) Execute a Demand Promissory Note in favour of the Bank for Loan thereby undertaking to repay the Loan.
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(iii) Execute a power of attorney in favour of the Bank in the form described by the Bank.
(iv) Obtain such approval/permission /consent /no objection certificate as may be necessary from the concerned authorities.
(i) (In case of it being a Corporation/LLP) is a Corporation/LLP duly incorporated or constituted and existing under the laws of India with power to enter into this Agreement and each of the documents
to which it is or will be a party; and
(ii) all corporate and other actions have been duly taken which are required to be taken by any person to authorize the execution by the Borrower of this Agreement and of each collateral document the
performance by it of obligations herein and under each collateral document.
(iii) (In case of it being a society) is a society duly incorporated or constituted and existing under the laws of the State of Rajasthan or other State of India with power to enter in to this Agreement and
each of the documents to which it is or will be a party; and
(iv)The Borrowers shall provide information to the bank about any subsequent credit facility availed by them from any other lending institutions.
(v) The Borrower confirms that he has not been declared as willful defaulter.
(i) no encumbrance of any nature nor any lien exists over the Asset hypothecated herein; and
(ii) Borrower has obtained and done all that is necessary to give full force and effect to all authorization, approvals consents licenses and permission required in or by the laws of India in relation to this
Agreement, Collateral Documents and the Hypothecated Asset, and.
(iii) The Borrower is aware that the dishonor of any instrument shall be construed as an act under section 138 of the Negotiable Instruments Act, 1881 or 25 of the Payment and Settlement Systems Act
2007.
6.3 The Borrower shall utilize the entire Loan for the purchase of the Asset(s) as indicated by him in his Loan application and Sanction Letter/KFS.
6.4 The Borrower expressly recognizes and accepts that the Bank shall, without prejudice to its right to perform such activities itself or through its officer or servants, be absolutely entitled and have full
power and authority to appoint one or more third parties of the Bank choice and to transfer and delegate to such third parties the right and authority to collect on behalf of the Bank all amounts
hereunder and to perform and execute all acts, deeds, matters and things connected therewith or incidental thereto including sending notices of demand, attending the residence or office of the Borrower
or otherwise contacting the Borrower, receiving the installments vide Repayment Instruments in the name of the Bank entering into a compromise with the Borrower, giving a valid receipt and granting
effectual discharge to the Borrower and generally performing all lawful acts as the third parties may consider appropriate for the purpose. For the purpose aforesaid or for any other purpose at the
discretion of the Bank, the Bank shall be entitled to disclose to such third parties all necessary or relevant information pertaining to the Borrowers and the Loan, and the Borrowers hereby consent to
such disclosure by the Bank. Notwithstanding the above, the Borrowers expressly accept and authorize the Bank (to disclose such to third party information pertaining to the Borrowers and the Loan
and the Borrowers hereby consents to such disclosure by the Bank.
6.5 The Borrower agrees hereby to pay the installments and other dues etc. to the Bank under this Agreement for the aforesaid Asset irrespective of whether the Asset is in use by the Borrower and/or
even if the Asset is not in use due to damage and repair.
6.6 In case the Loan is taken jointly by more than one Borrower, their liability shall be joint and several, even if the vehicle/equipment is registered in the name of one of the Borrowers or possession of
the vehicle is with one or other of the Borrower.
6.7 Insolvency - No corporate action, legal proceeding or other procedure or step described in clause 14 or any other creditors process has been taken or is currently pending or threatened in relation to
the Borrower.
7. INDEMNITY
7.1 The Borrower shall indemnify the Bank and keep the Bank and its officers indemnified, save and harmless on demand in respect of any action, claims costs, damages, demands, expenses, losses
and liabilities made against, suffered or incurred by the Bank arising directly or indirectly from or in connection with:
7.2 any failure by the Borrower to Bank with the provision of this Agreement and/or
7.3 any liability including third party liability that may arise out of the possession, operation and use of the Asset by the Borrower or by its employees or by its Agents or by other persons whosoever
whether or not authorized by the Borrower for use of the said Asset and incidental to that purpose and/or
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7.4 any claims, losses, demands actions, costs, expenses and liabilities incurred or suffered by the Bank by reason of the representations and warranties given by the Borrower being false or untrue in
material respect and/or
7.5 costs, expenses and liabilities incurred or suffered by the Bank by reason of the Hypothecated Asset not being free from encumbrance and/or any previous charge; and/or
(i) The Borrower shall duly, fully, solely and entirely bear and pay in full and within statutory limits all costs including stamp duty on the documents executed by the Borrower in relation to the Loan
and/or Security created by the Borrower in favour of the Lender including this Agreement and other transaction documents, in all jurisdictions and states including in case of deficit/ differential stamp
duty, if any, in case of movement of this Agreement or copies thereof from one state to another including for the purposes of enforcement/ litigation or arbitration, any other purpose etc.
(ii) obtain and do all that is necessary to maintain in full force and effect all authorizations, approvals, consents, insurances, licenses, permissions, and renewals required in or by the laws of India in
relation to this Agreement, each of the Collateral Document and the performance of obligations hereunder and there under and the Asset.
(iii) get the Asset (in case of acquiring a new Asset) registered with the appropriate Registering Authority (wherever applicable) under the Motor Vehicles Act, 1988.
(iv) Inform the Bank in writing of any theft or damage of the Asset, death, or accidental death lodging of any claim whatever with any insurance Bank in respect of the Asset and such writing shall be
delivered to Bank within three working days of such damage or lodgment of claim.
(v) inform the Bank of any loss, destruction or misplacement of the Registration Certificate of the Asset or the Insurance Policy relating to the Asset within three working days of such loss, destruction,
or misplacement.
(vi) not apply for any duplicate Registration Certificate for the Asset otherwise than by delivering the application thereof to the Bank for endorsing its charge on the Asset; and
(vii) not transfer the registration of the Asset to any city or town other than the City of Registration.
(viii) indemnify and keep indemnifying the Bank against any loss or damage to the Asset or any part thereof from whatever cause whether such damage is because of the negligence of the Borrower.
7.7 The Borrower warrants that he/she/it/they shall have and maintain sufficient balance in the account of the drawee Bank for payment on the day when any installment herein becomes payable and for
45 days thereafter. The Borrower(s) shall not close any such account without the prior consent of the Bank.
7.8 Borrower hereby warrants and undertakes that he has paid all public demands and all taxes and revenues payable to the Government of India or to the Government of any State or to a local authority
and that at present there are no-arrears of such taxes and revenue dues and outstanding
7.9 It shall be the Borrower's obligation to keep him acquainted with the rules of the Bank, from time to time.
7.10 It is the responsibility of the Borrower to communicate the GSTIN number of a particular state for the purpose of billing.
7.11 In case of unregistered Borrower, the address as given under Borrower's Details would be considered for the purpose of computation of GST
7.12 In case of registered applicants, the address given under Borrower's Details shall be considered as the registered place of business for the purpose of computation of GST
7.13 Please note for the purpose of this Agreement applicant would mean a person registered under the GST Act
7.14 It is the responsibility of the Borrower to provide Bank with the appropriate records/ communication address to determine the relevant location of the recipient of service. In case of any tax or
related demand due to the failure of the Borrower to provide the correct address, the same will be borne by the Borrower.
7.15 The Borrower (where such Borrower is an individual) or the director/partner/member of such Borrower (where such Borrower is not an individual), is not a director or specified near relation of a
director of a banking company (including the Bank) (as specified by the RBI), including director of scheduled cooperative bank, director of subsidiaries/trustees of mutual funds/venture capital funds
set up by any banks (including the Bank) or a relative/near relation (as specified by RBI) of a senior officer of the Bank (as specified by RBI)
The Borrower hereby expressly and irrevocably agrees to the covenants that during the period of this Agreement, the Borrower shall.
8.1 keep the Hypothecated Asset specifically appropriated to the security herein.
8.2 pay all rates, assessments taxes, and other outgoings which are now or hereafter may be assessed, imposed, or payable for the Hypothecated Asset by the government, municipal corporation,
registration authority or other authority and on demand produce to the Bank every receipt thereof, charges, taxes, assessments or other outgoings.
8.3 allow inspection of the Hypothecated Asset and all documents relating thereto for verification thereof or making valuation by (a) the Bank (b) its officers, auditors, technical experts, management
consultants, valuers or any other persons authorized for the purpose by the Bank
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8.4 Not sell, encumber, transfer or otherwise dispose of or suffer or allow to suffer any attachment (including installation of (LPG/CNG Kit) or distress to the Hypothecated Asset or any parts thereof or
allow anything that may prejudice or endanger the security herein without the express consent in writing of the Bank .The Borrower undertakes to get the registration certificate endorsed in the name of
the Bank (if applicable under Motor Vehicles Act), to further express the fact that the Asset stands hypothecated to the Bank. Any direct or indirect transfer of the Asset would be deemed to be
criminal/breach of trust and a case of cheating entitling the Bank to file/pursue Fl R or a criminal complaint against the Borrower and Guarantor(s), if any, without prejudice to the Bank's other right and
remedies in law. The said Hypothecated Assets are in the custody of the Borrower in its capacity as bailees.
8.5 On demand being made by the Bank or without demand, if any of the events mentioned in clause 14 arise, to give immediate actual possession to the Bank, its nominees, or agents (as the case may
be) of Hypothecated Asset.
(i) to give immediate actual possession to the Bank, its nominees, or agents (as the case may be) of Hypothecated Asset.
(ii) to transfer, deliver and endorse all registrations, policies, certificates, and documents relating to the Hypothecated Asset to the Bank, its nominees, or agents (as the case may be); and
(iii) do and execute or cause to be done and executed at the costs and expenses of the Borrower, all such acts, deeds, assurances, matters, and things as may be required by the Bank for further assuring
and confirming the security created herein and the rights, power and remedies hereby conferred.
8.6 sign and deliver the necessary forms that may be required to be filed with the Registering Authority or other authorities under the Motor Vehicles Act or any other law for the time being in force to
record the charge of hypothecation on the said Asset, created or to be created in favour of the Bank.
8.7 Submit to the Bank a certified true copy of the Registration Certificate relevant to the Asset for which the Loan has been taken. This Registration Certificate will be submitted within 60 days of
having taken delivery of the Asset or 150 days from the date of disbursal of the Loan, whichever is earlier.
8.8 Punctually pay all the sums stated elsewhere in this Agreement.
9.1 The Borrower shall at its own expense during the continuance of the security herein keep the Hypothecated Asset covered under comprehensive risks, including riot, civil commotion risks, fire,
unlimited third party risk and other hazards stipulated from time to time with any insurance company by timely payment of all premia in respect of such insurance and produce and deliver (if so
required by the Bank) any insurance policy, cover note or receipt on demand by the Bank for its inspection and verification.
9.2 The Borrower hereby expressly agrees to pay advance premium against insurance policy along with his/her Loan EMl's and the Bank shall be entitled to credit the amount of advance premium for
insurance policy, so received with the amount of Loan EMI, to the account of the Borrower which shall be debited at the time of renewal of the insurance policy.
9.3 Borrower hereby agrees that it shall avail an insurance policy to secure the Hypothecated Asset(s) provided by the Borrower with any insurance company and shall deposit the insurance policies and
all cover notes premia receipts etc., with the Lender against the Loan so given to him/her/it by the Lender.
9.4 The Bank shall collect advance premium from the Borrower based upon prevailing market insurance premium rates, which may vary at the time of renewal as per the norms and guidelines issued by
the insurance Bank(ies).
9.5 The Borrower hereby agrees that he/she will pay the difference amount, if any, at the time of renewal, failing which the Bank shall be entitled to charge late payment charges as per the KFS attached
to this Agreement.
9.6 The Borrower also, expressly agrees that, in the event of default, when the Borrower fails to pay his/her EMl's for more than 90 days, the Bank shall be under no obligation to renew the insurance
policy so taken up by the Borrower and the amount of advance premium so deposited by the Borrower with the Bank shall be forfeited at the sole discretion of the Bank.
9.7 The insurance policy to be taken out hereunder shall be in the name of the Borrower and the Bank shall be described as loss payee under such insurance
9.8 The Borrower agrees and undertakes to keep good in marketable condition the said Asset at its own expense and replace all such parts whether broken or damaged, as is the normal practice adopted
for the maintenance of any Asset. The Borrower expressly agrees to engage mechanics, dealer service facilities expressly authorized by the manufacturer of the Asset to effect repairs and to service the
Asset.
9.9 If the Borrower fails to comply with any of the terms mentioned above in this Clause, the Bank may without prejudice to its rights and remedies under this Agreements and in law take such steps as
it may deem fit to keep and maintain the Asset or insurance or renew such insurance at the Borrower's costs, charges and expenses which the Borrower on demand shall reimburse by the Bank.
9.10 The Borrower hereby transfers and assigns his/her rights to receive the insurance claim/benefit under the Insurance Policy to the Bank, notwithstanding any other name the Borrower may have
given in any other document. The Borrower hereby also confirms that any money/claim payable to the Borrower in terms of the Insurance Policy shall be payable to the Bank (in the name of the Bank),
only as long as the Loan amount is outstanding/the vehicle is hypothecated with the Bank, in the event of the death of the policy holder/insured. This no objection shall not be valid for any purpose
other than for obtaining the payment of the insurance claim/benefit in respect of the Insurance Policy by the Bank.
9.11 To safeguard the security for the Loan and to ensure that the Bank lien is marked on the insurance, the Bank may get the insurance done on behalf of the Borrower, by being a facilitator and
making the premium payment to the approved insurance Bank through the Borrower's Repayment Instruments. However, the Bank shall not be obliged to do the same and any non-payment on the part
of the Bank due to any reason whatsoever shall not affect the liability of the Borrower to pay the necessary insurance premium and to keep the Asset(s) insured. The first claim on any insurance
proceedings shall be that of the Bank with respect to insurance policy and its renewal as stipulated from time to time and shall pay Rs. 250/- or such other amount as may be specified by the Bank from
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time to time as nominal compensation for the services rendered by the Bank for the facilitating the above-mentioned arrangement with the insurance Bank and ensuring that the Companies name is
marked under insurance. The transaction fee is subject to change at the discretion of the Bank. The Bank shall be entitled to recover any payments made pursuant to this clause as part of the dues under
this Agreement.
9.12 The Bank at its option shall be entitled to adjust, settle or compromise in any manner whatsoever at the Borrower's cost any dispute arising under or in connection with any such policy of insurance
and such adjustment, settlement and compromises shall be valid and binding on the Borrower.
9.13 The Bank at its option will have the right to appropriate any monies receive from the insurance Bank towards the Borrower's obligations to the Bank.
9.14 The Borrower accepts that the Bank shall not be liable for any loss on account of non-renewal of insurance of the Asset and/or delay/nonpayment by the insurance Bank/ or any settlement claim by
the Borrower.
10.1 Any security(ies) furnished by the Borrower, under any other Agreement entered into or to be entered into with the Lender, shall be deemed to be the security(ies) under this Agreement and shall
not be discharged till such time all the Loan(s)/ facility(ies) are fully discharged to the satisfaction of the Bank. The Borrower expressly agrees and accepts that in the event of any default being
committed by the Borrower under any other Agreement with the Lender, under which the Borrower is enjoying financial/ credit facility, such event, shall be considered as an event of default occurred
under this Agreement and the Lender, shall be absolutely entitled to exercise all or any of its rights under this Agreement including right to set off in respect of any amount standing to the credit of the
Borrower in any/all of the Loan/facility(ies) availed/to be availed from the Bank.
10.2 The Bank is irrevocably authorised and entitled at its sole discretion to act on the Borrower's behalf, at the Borrower's sole risk and cost, and to take all necessary steps, actions and proceedings as
it deems fit to safeguard its interests: (i) to adjust, settle, compromise or refer to arbitration any dispute arising under or in connection with any insurance and such adjustment, settlement, compromise
and any award made on such arbitration shall be valid and binding on the Borrower and (ii) to receive all monies payable under any such insurance or under any claim made thereunder and to give a
valid receipt there for, and apply such proceeds in accordance with the terms hereof or such other manner as deemed fit by the Bank.
10.3 The Borrower further agrees that the Security created pursuant to this Agreement shall also be the security for (i) all other monies that may be due and payable by the Borrower to the Bank, on any
account whatsoever, whether present or future, including any liability of the Borrower as a surety or co-obligator either singly or along with any other person; (ii) Loan granted/ continued by the group
companies/associate/affiliates of the Bank to the Borrower and/or its affiliates as declared from time to time.
10.4 The charge/Security created by the Borrower under this Agreement shall continue and remain in full force till such time all other dues under this Agreement and in respect of all other
Loans/facilities obtained/to be obtained by the Borrower and its affiliates from the Lender, and the subsidiaries, affiliates/associate entities of the Lender are fully discharged, and Lender/
subsidiaries/affiliates/associate entities issue a certificate of discharge. The Security created under this Agreement and the liability of the Borrower shall not be affected, impaired or discharged by
winding up (voluntary or otherwise) or by any change in name, merger or amalgamation, reconstruction, takeover of the management, dissolution or nationalization (as the case may be) of the
Borrower.
The Borrower expressly, irrevocably agrees with the Bank that in the event of:
11.1 The Borrower fails to pay any sum due from it/him herein; or,
11.2 The Borrower fails to perform any obligation or commits any breach of any of the terms, representations, warranties, convenience, and condition herein contained or has made any
misrepresentations of the Bank; or
11.3 The Borrower (in case of being a corporation or partnership firm) takes any action or other steps are taken or legal proceedings are started for winding-up dissolution or re-organization or for the
appointment of a receiver, trustee or similar officer on its assets particularly on the Hypothecated Asset; or,
11.4 The Borrower dies or takes any steps, or any steps are taken with a view to his being made insolvent in any jurisdiction or with a view to the appointment of a receiver, trustee or similar officer of
any of his assets; or
11.5 The Borrower fails to pay any insurance premium for the Hypothecate Asset in terms and conditions hereof; or,
11.6 The Hypothecated Asset is confiscated, attached, taken into custody by any authority or subject to any execution proceeding; or
11.7 The Hypothecated Asset is distrait, endangered or damaged for is caused any other reason whatsoever causing the same to be a total loss in the opinion of the Bank or bodily injury to any person
due to any accident or otherwise; or
11.8 The Borrower fails to pay any tax impost, duty or other imposition or comply with any other formalities required for the Hypothecated Asset under law from time to time; or
11.9 The Hypothecated Asset is stolen of untraceable for a period of 30 days for any reason whatsoever: or
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11.10 Any of the Repayment Instruments delivered or to be delivered by the Borrower to the Bank in terms and conditions hereof is not encashed for any reason whatsoever on presentation; or
11.11 The Borrower fails to supply a certified true copy of the registration certification within the time frames specified in Clause 8.7; or
11.12 The Borrower failing to file the particulars of the Asset in the prescribed form or Annexure AD and as provided in the KFS and in this Agreement; or,
11.13 Any information given by the Borrower in his Loan application to the Bank for financial assistance is found to be misleading or incorrect in any material respect or any representation or any
warranty referred in Clause 6 is found to be incorrect; or
11.14 Insolvency
(i) An application in filed by any financial creditor or any operational creditor or the Borrowers itself for the insolvency resolution process under the insolvency and Bankruptcy code, 2016 in relation to
the Borrower, Co-Borrower.
11.15 Any financial indebtedness of the Borrower is not paid when due or within any originally applicable grace period.
11.16 Any financial indebtedness of the Borrower is declared to be or otherwise becomes due and payable prior to its specified maturity because of an event of default, a default or other similar
condition or event (however described).
11.17 Any commitment for any financial indebtedness of the Borrower is cancelled or suspended by any of its creditors because of an event of default, a default or other similar condition or event
(however described).
11.18 Any creditor of the Borrower becomes entitled to declare any financial indebtedness of the Borrower due and payable prior to its specified maturity because of an event of default, a default or
other similar condition or event (however described).
11.19 Any circumstance arises which gives reasonable grounds in the opinion of the Bank that it is likely to prejudice or endanger the Hypothecated Asset.
11.20 Then in any such case at any time thereafter, without prejudice to the other rights and remedies of the Bank, the Bank may (but shall not be bound to do so), without the specific intervention of a
court or any court order, by written notices to the Borrower declare repayment/ recall the Loan and all dues or any other sums then owned by the Borrower herein. On the question of whether any of the
above events/ circumstances has/have occurred/happened, the decision of the Bank shall be final, conclusive, and binding on the Borrower.
The Borrower(s) and the Co-Borrower(s) and Guarantor(s) where there are more than one, shall be jointly and severally liable to the Bank for all dues, obligations, liabilities, and responsibilities
undertaken in favour of the Bank.
12.1 Disbursement made to one Borrower and/or to any other person on the instructions of the Borrower, shall be deemed as disbursement to all other Borrowers (including Co—Borrower and
Guarantor) and shall be a valid consideration for Loan.
12.2 The Bank enforcing or not enforcing any of its security shall be entitled to take any proceeding (legal or otherwise) against the Guarantors(s) prior to, simultaneously or after any proceeding (legal
or otherwise) against the Borrower or any other person or entity.
12.3 The Bank can apply the Asset mortgaged/ hypothecated/ pledged/ assigned towards the settlement of due of the Bank.
12.4 If the Asset(s) is, sold, disposed of, charged, encumbered, sub-let or leased or let or otherwise alienated in any manner whatsoever or an Agreement/undertaking towards the same has been made
by or on behalf of the Borrower without prior express written approval of the Lender.
13.1 The Borrower shall without prejudice to any right the Bank may have in law, pay on demand of the Bank the following:
13.2 The Borrower shall pay charges as stated in KFS or such other amount as stipulated by the Bank from time to time, towards Cheque Bouncing Charges for each time repayment instruments are
returned/ revoked for any reason whatsoever.
13.3 The Borrower shall from time to time on demand reimburse the Bank for all costs and expenses (including legal fees) that may be incurred in connection with the preservation and/or enforcement
by the Bank under this Agreement.
13.4 The Borrower undertakes to indemnify the Bank against any loss or expense, (including legal fees) which it may sustain or incur because of any default by the Borrower in the performance of the
obligations expressed to be assumed by it in this Agreement.
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13.5 The Borrower shall be liable to pay various penalties for possession of the Asset like tow- away charges, godown charges rentals, if any incurred in transition and other such expenses incurred by
the Bank for effecting the possession of the Asset and for its safe keeping etc.
13.6 The Borrower shall be liable to pay cheque swapping charges as stated in KFS or similar charges towards replacement of any of the Repayment Instruments given by him.
13.7 If at any time hereafter it is found or required that any extra stamp duty is payable on this Agreement and/or if it is ascertained that stamp duty at a rate higher than the duty presently paid on this
Agreement is payable/required to be paid, then the Borrower shall immediately pay the same with penalty (if any) and keep the Lender indemnified and save harmless at all times from the payment
thereof.
14.1 The Bank shall maintain in accordance with its usual practice, accounts in its books evidencing the amount from time to time owned by it herein. A certificate in writing signed by an officer of the
Bank stating the amount at any particular lime due shall be conclusive and binding on both the Borrower.
14.2 The Borrower hereby agrees to accept the Bank accounts of sales, realization, and recovery of the Hypothecated Asset as sufficient proof of amounts realized and related expenses.
14.3 In any legal action or proceeding arising out of or in connection with this Agreement, the entries made in the accounts maintained pursuant to above Clauses shall be prima facie evidence of the
expenses as sufficient proof of the amount beings spent by the Bank.
14.4 The Borrower hereby agrees to accept the Bank accounts for any amounts due under this Agreement, insurance, costs, charges, and expenses as sufficient proof of the amounts being spent by the
Bank.
15. ENFORCEMENT
If the Borrower fails to perform any of the obligations herein and the same (if capable of remedy) is not remedied to the satisfaction of the Bank within the period to be specified by the Bank; or
On the occurrence of any of the "Event of Default" pursuant to the terms of this Clause (whether demand for repayment is actually made or not), the Bank through its officers, agents or nominees shall
have the right to take any one or more than one of the following actions without the specific intervention of a Court or any Court Order:
(i) With a written notice of 7 days and without assigning any reason and at the risk and expense of the Borrower and if necessary, as Attorney for and in the name of the Borrower take charge and/or
possession of, seize, recover, appoint receiver of and remove the Hypothecated Asset. The Bank will be within its rights to use tow-van to carry away the Asset/and or,
(ii) Enter into any place or premise where the Hypothecated Asset may be kept or stored and inspect, value or insure the same at the costs and expenses of the Borrower, and/or,
(iii) Sell by auction or by private contract or tender, dispatch or consign for realization or otherwise dispose of or deal with the Hypothecated Asset in the manner the Bank may think fit,
(iv) Proceed to take possession of the collateral security and exercise powers to make auction of the same for realizing due amount of the Bank.
(i) Without prejudice to the Bank's other rights, if the Borrower fails to pay any amount payable to the Bank under this Agreement within 7 days of demand or of such amount becoming due and
payable or if any Event of Default occurs, this Agreement shall ipso facto stands terminated/determined and the Bank shall be entitled to forthwith take physical possession of the Asset, either by itself
or through recovery agents and sell or otherwise deal with the Asset to enforce the Bank's security and recover the outstanding dues. Hence, the Bank shall be entitled to forthwith take physical
possession of the Asset to enforce its security. For this purpose, the Bank's authorized agents will have unrestricted right of entry in any premises of the Borrower or any place where the Asset is
stationed/parked, and the Borrower shall not prevent or obstruct them from taking the physical possession of the vehicle.
(ii) In order to enforce its security as aforesaid, it shall be lawful for the Bank or its authorized agents to forthwith or at any time without notice to the Borrower, to enter upon any premises or garage or
godown where the Asset may be or is believed to be and take possession of the same without being liable to any court or other proceedings by the Borrower or any person claiming under him or
otherwise. The Bank will be well within its rights to use cranes to carry away the vehicle. The Borrower shall be liable to pay any towing charges, or other such expenses incurred by the Bank for
effecting the possession of the Asset and for its safe keeping, parking charges etc.
(iii) On a sale by auction or private contract or tender under the provisions of this Agreement, the Bank shall be entitled to charge and retain as a part of the costs, charges and expenses incurred in
connection therewith such commission as the Bank shall in its sole discretion fix and shall not be liable to account for the same to the Borrower. Such commission shall be in addition to any outgoing
payable in respect of such sale. If the sale proceeds are not sufficient to pay the amount of such commission, the Borrower shall pay the same to the Bank on demand."
(iv) Neither the Bank nor its agents, officers or nominees shall be in anyway responsible and liable and the Borrower hereby agrees not to be the Bank or its officers, agents or any nominees liable for
any loss, damage, limitation or otherwise for any belongings and articles that may be kept or lying in the Hypothecated Asset at the time of taking charge and /or possession, seizure of the Hypothecated
Asset pursuant to the terms of this clause.
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(v) The Borrower agree/s and undertake/s not to prevent or obstruct the Bank from taking possession of the Asset(s) and that the Bank's agents will have unrestricted right of entry in and to any
premises where the Asset is located/kept for the time being in force. That, the Bank shall after taking the possession send a final notice of 7 (seven) days to the Borrower to repay the entire due’s along
with the interest, possession charges and any other charges as may be applicable, failing which Bank will be entitled to sell, give on hire or otherwise deal with the Asset by public or private auction,
without being liable for any loss and to apply the net proceeds thereof firstly towards satisfaction of all costs incurred in respect of such hire, sale or dealing, secondly towards liquidation of the balance
of the interest and other sums payable by the Borrower to the Bank and thirdly towards the principal amount of the Loan outstanding. The Bank shall have the power and right to transfer/sell the Asset
without any further notice to the Borrower. The Bank shall not be liable for any loss arising out of/due to the sale /transfer of the Asset.
(vi) However, the abovesaid procedure shall be subject to the changes/modifications as may be decided by the Bank keeping in view the guidelines issued by the RBI and/or any other regulatory
authority from time to time and the same shall be valid and binding upon the Borrower
16.1 The net proceeds of sale, realization, recovery and/or insurance claim proceeds relating to the Hypothecate Asset herein, on receipt by the Bank shall be applied at its absolute discretion in the
manner it thinks fit. The Borrower shall continue to be liable for any deficiency in the amount due to the Bank by the Borrower after adjustment of the net proceeds of sale, realization, recovery and/or
insurance claim as above.
17.1 The Borrower expressly accepts that if the Borrower fails to pay monies when due or which may be declared due prior to the date when it would otherwise have become due or commits any other
default under any Agreement (including this Agreement) with the Bank under which the Borrower is enjoying any financial/credit/other facility; then in such event the Bank shall, without prejudice to
any of its specific rights under the Agreement, be absolutely entitled to exercise all or any of its rights under any Agreement of the Borrower with the Bank .
17.2 Until the ultimate balance owing by the Borrower, becomes nil, the Bank has been or satisfied in full the Bank shall have a lien on all property and assets of the Borrower from time to time in the
possession of the Bank and a charge over all stocks, shares and marketable or other security from time to time and get any or all of them registered in the name of the Bank or its nominees.
17.3 The Bank shall be entitled to set off all monies, securities, deposits and other assets and properties belonging to the Borrower in the possession of the Bank, with or without notice whether in, or on
any account of the Bank or otherwise, whether held singly or jointly by the Borrower and/or the Guarantor(s) with others and may appropriate the same for the settlement of dues hereunder.
18.1 The Bank may in its discretion be absolutely entitled and have full power and authority to sell, assign or transfer in any manner, in whole or in part, and in such manner and on such terms as the
Bank may decide, including reserving a right to the Bank to retain its power hereunder to proceed against the Borrower on behalf of the purchaser, assignee or transferee, any or all outstanding and dues
of the Borrower to any third party of the Bank choice without reference to or without written intimation by the Bank or to the Bank, any such action and any such sale, assignment or transfer shall bind
the Borrower to accept such third party as creditor exclusively or as a joint creditor with the Bank, or as creditor exclusively with the right to the Bank to continue to exercise all power hereunder on
behalf of such third party and to pay over such outstanding and dues to such third party and/or the Bank as the Bank may direct. Any cost in this behalf, whether on account of such sale, assignment or
transfer or enforcement of rights and recovery of outstanding and dues shall be to the account of the Borrower. The Borrower acknowledges and undertakes to pay to third parties the difference between
the Loan amount outstanding and the amount received by the Bank in the event of transfer of the portfolio a third party. The third party shall have the authority to collect the due amounts.
18.2 The Borrower expressly agrees, recognizes and accepts that the Bank shall be absolutely entitled and has full power and authority to securities in whole or in part, and/or whether with or without
the underlying security the Loan along with the amounts outstanding thereon, in such manner and on such terms the Bank may decide, irrespective of whether the Bank gives the Borrower any notice
regarding the same.
18.3 The Bank may disclose to a potential assignee or to any person who may otherwise enter into contractual relations with the Bank in relation to this Agreement such information about the
Borrower, as the Bank shall consider appropriate.
19.1 The Bank shall not in any way be responsible for delay, omission or neglect in encashment, damage or loss of any Repayment Instrument (already given or to be given by the Borrower to the Bank
in terms hereof) for any for any reasons whatsoever
19.2 No interest or compensation shall be payable by the Bank to the Borrower on the proceeds to be held by the Bank
19.3 The Bank shall not be responsible for delay, or non-delivery, or any defect, damage, or quality or asset. The Bank shall not be responsible or liable in any manner even if there is a defect or dispute
of any nature in the title ((even if the Asset is found to be a stolen Asset) or ownership of the Asset
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20. SEVERABILITY
If any provision of this Agreement is invalid or unenforceable or prohibited by law where that provision is to be performed, this Agreement shall be considered divisible as to such provision and such
provision shall be inoperative and shall not be part of the consideration moving from any party hereto to the other and the remainder of this Agreement shall be valid and binding and of like effect as
though such invalid or unenforceable provision was not included herein.
The Borrower hereby agrees and consents, as a precondition relating to the grant of the credit facilities given to the Borrower by the Bank, that in case the Borrower commits any default in the payment
of any of the Outstanding amounts to the Bank, the Bank and/or RBI shall have unqualified right to disclose and furnish to Trans Union CIBIL and other agency so authorized by RBI, Borrower's name
as defaulter in such manner and through such medium as the Bank or RBI in their absolute discretion may think fit Notwithstanding the above the Borrower understands that as a precondition relating
to grant of the Loan facility to the Borrower, the Bank requires the Borrower's consent for the disclosure by the Bank of information and data relating to the Borrower the Bank requires the Borrower's
consent for the disclosure by the Bank of information and data relating to the Borrower of the Loan facility availed of /to be availed by the Borrower, obligations assured/ to be assured by the Borrower
in relation thereto and default, if any, committed by the Borrower in discharge thereof. Accordingly, the Borrower hereby agrees and gives consent:
(a) For the disclosure by the Bank of all or any such information and data relating to the Borrower including name and the names of its directors, where the Borrower is a company.
(b) For the disclosure by the Bank of all or any such information or data relating to any Loan availed of /to be availed by the Borrower
(c) For the disclosure by the Bank of all/any default committed by the Borrower in discharge of all obligations of the Borrower under this Agreement as the Bank may deem appropriate.
(d) Publish the name of the Borrower or the name of the Directors when Borrower is a company.
(e) The Borrower hereby declares that the information furnished by the Borrower to the Bank is true and correct.
(f) The Bank may disclose to a potential assignee or to any person who may otherwise enter into contractual relations with the Bank in relation to this Agreement such information about the Borrower
as the Bank may deem appropriate.
(g) The Borrower confirms that the Bank may for the purposes of credit reference checks, verification etc., disclose any information documents relating to the Borrower pertaining to the Loan facility
availed
(h) For the disclosure by the Bank of all or any such information and data relating to the Borrower including name and the names of its directors, where the Borrower is a company.
(i) For the disclosure by the Bank of all or any such information or data relating to any Loan availed of /to be availed by the Borrower
(j) For the disclosure by the Bank of all/any default committed by the Borrower in discharge of all obligations of the Borrower under this Agreement as the Bank may deem appropriate.
(k) For the disclosure by the Bank of all/any default committed by the Borrower in discharge of all obligations of the Borrower under this Agreement as the Bank may deem appropriate.
(l) The Bank may disclose to a potential assignee or to any person who may otherwise enter into contractual relations with the Bank in relation to this Agreement such information about the Borrower
as the Bank may deem appropriate.
(m) The Borrower confirms that the Bank may for the purposes of credit reference checks, verification etc., disclose any information documents relating to the Borrower pertaining to the Loan facility
availed.
22.1 Notice for payment and/or other communication provided for in this Agreement shall be in writing and shall be transmitted –
(a) By postage prepaid registered or by recognized courier service or publication in any local/regional/national newspaper/magazine etc and/or through electronic medium which includes publication on
the website etc. and/or in such other manner by the Bank from time to time.
(b) In the case of notice or payments to the Borrower, to the Borrower's address as per KFS.
(c) In the event of change of address of any of the Borrower(s), such a party shall without any fail intimate such change of address and shall furnish the new address for communication, within 7 days of
such a change in address, to the Bank.
22.2 All notice, payment and/or other communications shall be deemed to have validly given on (a) the expiry of two days after posting if transmitted by post or (b) the date of receipt if transmitted by
courier
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22.3 In all correspondence, the Loan Account Number, date of Loan and complete vehicle/equipment details i.e also the Vehicle equipment registration number and Chassis Number should be quoted
by the Borrower in case of vehicle Loans.
23.1 This Agreement shall be binding upon and endure to the benefit of each party hereto his/her/its heirs, executors, administration, legal representative, and successors.
23.2 In case of the death of the Borrower, where the Borrower is an individual, the legal representative shall do the following.
(i) Apply under the MV Act, 1988 to get the Asset transferred in his name
(ii) Replace all the Repayment Instruments, fees, charges, signed by the deceased Borrower, in the same manner as provided in this Agreement as if he were the Borrower in the first instance
(iii) Execute a fresh Agreement, powers of attorney and such other documents as required by the Bank.
23.3 The Borrower shall not transfer or assign all or any of its rights, benefits, and obligations hereunder except by the prior written permission from the Bank.
24. MISCELLANOUS
24.1 The Loan Application, KFS, Annexure AD hereto shall from part and parcel of this Agreement for Loan and shall be read in conjunction with this Agreement
24.2 The Borrower expressly agrees that any dealer/supplier/ manufacturer/ seller of the Vehicle/ Equipment and that the Bank shall not be liable for any representations or statements made by supplier/
the manufacturer/seller to the Borrower nor shall the Bank be deemed to be the agent of such dealer/supplier/the manufacturer/seller and that the Bank shall not be liable for any representations of
statements made by such dealer/supplier/manufacturer seller to the Borrower.
24.3 No forbearance, indulgence or relaxation or inaction by the Bank at any time to require performance of any of the provisions of this Agreement shall in any way affect, diminish or prejudice the
right of the Bank to require performance of that provision or be construed as a waiver of any right under or arising out this Agreement or acquiescence in or recognition of rights and/or position other
than that expressly stipulated in this Agreement.
24.4 All remedies of the Bank under this Agreement whether provided herein or conferred by statue, civil law, custom or trade usages are cumulative and not alternative and may be enforced
successively or concurrently.
24.5 No modification or amendment of this Agreement and no waiver of any of the terms or conditions hereof shall be valid or binding unless made in writing and duly executed by all the parties,
24.6 This is continuing Agreement and all the rights, powers and remedies hereunder shall apply to all past, present and future obligations of the Borrower to the Bank, including those arising under
successive transactions which shall either continue with existing obligations, increase or decrease them or from time to time create new obligations after any or all prior obligations have been satisfied,
and notwithstanding the death, incapacity, or bankruptcy of the Borrower or any other event or proceeding affecting the Borrower.
24.7 The headings of the articles and other sub-divisions of the Agreement have been inserted for convenience of reference only and shall not be deemed to constitute a part hereof nor shall the same
affect the interpretation of any part of the Agreement. In this Agreement, if the context permits or requires words importing the masculine gender shall include the feminine and neuter genders, and
words in the singular number shall included the plural and vice versa.
24.8 Unless otherwise agreed to by Bank any payment due and payable under the Loan Agreement and made by the Borrower or received by Bank would be appropriated towards such dues in the
order, namely:
(b) Costs, Charges, Expenses, Incidental Charges and other monies that may have been expended by Bank in connections with recovery.
(e) Any payment made by the Borrower under the Loan shall be adjusted towards the interest on costs, fees & charges and other expenses; costs, fees & charges and other expenses; interest on arrears
of the Loan; repayment of the Loan; the balance, if any, towards the dues owed by the Borrower under any other Agreement entered into with the Lender or in such manner as the Lender may in its sole
discretion consider necessary or expedient.
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The Borrower do hereby irrevocably nominate, constitute and appoint the Lender acting through any of its officers as true and lawful attorney of the Borrower to do, execute and perform all or any of
the following acts, deeds, matters and things that is to say:
(i) To execute and complete in favour of the Bank or its nominee any documents which the Bank may require for perfecting its title to or for vesting the said Hypothecated Asset in the Bank or its
nominee or any purchaser thereof on the occurrence of an event of default.
(ii) To appear before the office of Transport Authority, Regional Transport Officer, Sales Tax Officer, Registrar of Companies, and other authorities through Advocates or any such authorized person
deemed necessary by the Bank to effect endorsement of hypothecation in the registration certificate and transfer the Hypothecated Asset when necessary.
(iii) To obtain, receive, demand or collect any forms, certificates, registration books, booking order, insurance policies or other documents from any Registering Authority, manufacturers of the said
Asset and/ or its dealers.
(iv) To take possession of the said Hypothecated Asset in case of default and for that purpose enter the premises where the said Hypothecated Asset is parked, as per the terms of the Agreement.
(v) To transfer sell or dispose of the said Hypothecated Asset and to signand execute all or any forms declarations or instruments as may be necessary or expedient for giving effect to the delivery of the
said Hypothecated Asset to the purchaser thereof.
(vi) To sign, execute necessary forms, documents or to give notice to the appropriate Registering Authority for effecting transfer of the said Asset in favour of the purchaser.
(vii) To sign and deliver the necessary forms that maybe required to be filed or necessary with the Registering Authority or other authorities under the Motor Vehicles Act or any other law for the time
being in force to record the charge of hypothecation on the said Hypothecated Asset, created or to be created in favour of the Bank.
(viii) To pay any fees, charges, penalties, imposts premiums, taxes or other impositions to any Registering Authority, insurance companies or other authorities for the said Hypothecated Asset.
(ix) To act as a facilitator and make the premium payment to any insurance company and/or insure, renew such insurance my/our costs charges and expenses which shall be reimbursed by me/ us to the
Bank.
(x) In case of default by the Borrower of the terms and conditions of this Agreement, to transfer, sell, give on hire, dispose of give delivery of and otherwise howsoever deal with the said Hypothecated
Asset and to sign and execute all Agreements, contracts, declaration forms, instruments and other writings whatsoever as may be necessary or expedient in that behalf.
(xi) For the better doing, performing and executing all the matters and things aforesaid, Borrower hereby further grant unto the Bank full power and authority to substitute and appoint in its place and
stead on such terms as it may think fit and to revoke any such appointments and to substitute or appoint any other person/sin place of such attorney as the Bank may from time to time think fit.
(xii) This authority shall be binding upon me/us, the undersigned any my/our legal successors prior and post to the grant of the Loan and shall be irrevocable during the tenure of the Loan and until all
sums due and owing by me/us has been paid to the Bank. And I/We hereby agree to ratify and confirm all and whatsoever the Bank shall do or cause to be done in or about the premises by virtue of
these presents.
(xiii) To inform, on my/our/Borrower's behalf, the concerned insurance company and/or any other entity and authorities regarding the loss of/damage to Hypothecated Asset and to file complaint/first
information report ("FIR") with the concerned police station and/or file complaint or give information regarding the loss of/damage to the Hypothecated Asset to any other person/entity/authority as
may be required and as the Bank may deem fit. To file, execute necessary forms, sign and lodge/present any insurance claim(s) with the concerned insurance company in pursuance of the insurance
policy availed in respect of the Hypothecated Asset.
(xiv) To sign, execute and submit to the concerned insurance company any and all documents and other information that is necessary to process the claim for any/all benefits available under the
insurance policy availed in respect of the Hypothecated Asset. To carry on correspondence with all concerned parties, authorities including the concerned insurance company in pursuance of the
insurance policy availed in respect of the Hypothecated Asset.
(xv) To receive, in the name of the Bank, the insurance claim/ benefit under the insurance policy availed in respect of the Hypothecated Asset & to appoint pleader, Insurance broker, consultant,
solicitor or Attorney(s) or lawyer(s) to appear before insurance company/ authority/ court/ consumer forum/tribunal/ insurance ombudsman and to revoke such appointment and to substitute any other in
their place and stead.
This authority shall be binding upon the Bank, the undersigned and legal successors of the Borrower prior and post to the grant of the Loan and shall be irrevocable during the tenure of the Loan as the
same is coupled with interest and consideration, until all sums due and owing by the Borrower has been paid to the Bank
26.1 This Agreement and all documents executed under/in relation to this Agreement shall be governed by and construed in accordance with the laws of India. Subject to Article 34 (Arbitration) below,
the Borrower(s) and Lender herein refer as "Parties" hereto expressly agree that all disputes arising out of and/or relating to this Agreement including any collateral document shall be subject to the
exclusive jurisdiction of a competent court in Jaipur, Rajasthan and that accordingly any suit, action or proceedings (referred to as "Proceedings") arising out of or in connection with this Agreement
may be brought in such courts or the tribunals and the Borrower irrevocably submits to and accepts the jurisdiction of those courts or tribunals.
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27.1 All costs (including advocates cost), charges, expenses, taxes, duties (including stamp duties) registration charges in connection with the Agreement, any document executed pursuant hereto and
the creation, enforcement, realization or attempted realization of any security, insuring and taking possession of, maintaining, storage and selling of the vehicle shall be incurred and paid by the
Borrower(s) alone. In the event that the stamp charges as aforesaid are paid by the Bank on the Borrower's behalf, the Borrower shall reimburse the same at the actual to the Bank within 24 hours of the
Bank's demand. In the event of the stamp duty paid, either by the Borrower by the Bank, being found deficit by any of the Government Authorities and a demand for making good such deficit stamp
duty is raised by such a Government Authority, the Borrower shall be liable to make good such deficiency in the stamp duty or reimburse the same to the Bank if the deficit stamp duty, as demanded by
the Government Authorities is paid by the Bank, failing which the Bank shall be at liberty to debit the Loan account to the tune of deficit stamp duty paid by it
28.1 The Borrower shall ensure to use the Hypothecated Asset only for lawful purpose and shall also use the same in such manner not to offend or violate any statutory provision relation to prohibition,
excise and other Acts. Central or State.
28.2 The Borrower undertakes not to use the Asset either by himself or through his servants or agents for any purpose not permitted by the terms and condition of the insurance policy not do or permit
to do any act or thing which might render the Insurance invalid and in particular, not to use the Asset/vehicle for transport of goods, articles, etc. in contravention of any of the provision of the Acts of
Central and state legislatures relating to (Forest, Excise, Custom, Sales-Tax, Prohibition, Opium, Railway Property, Unlawful Possession, Gold Control) etc. and not to engage in any unlawful or legal
activity and the Borrower shall be responsible for any damage or loss sustained by the Bank in respect of the Asset
29.1 Declarations (in case Borrower is a company): By signing this Agreement, the Borrower hereby declares that as at the date hereof, none of its directors is a director/senior officer of a
director/senior officer of a banking company, or in a specified near relation of a director/senior officer of the Lender. Except to the extent disclosed to the Bank, all the Borrower's contracts, or
Agreements with, or any commitments to, any affiliates or group companies (if applicable) are on an arm’s length basis. Further, no director of the Bank is a director, manager, managing agent,
employee, or guarantor of the Borrower/its subsidiary/holding company, or holds substantial interest, in the Borrower/its subsidiary/holding company and no directors of any other Bank, including
directors of scheduled cooperative bank and directors of subsidiaries/trustees of mutual fund/venture capital funds holds substantial interest or is interested as director or as a guarantor of the Borrower.
The Borrower or any directors/ promoters/ associate concerns/ of any of the Borrower (including the Guarantor) are not and, to the best of their knowledge:
(i) on the Export Credit Guarantee Corporation's (ECGC's) specified approval list; or
(ii) convicted under the provisions of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974; or
(v) If the details of such declaration change during the term of the Loan facility, then the Borrower shall promptly provide a written declaration to the Lender of any such changes.
29.2 The Borrower hereby gives specific consent to the Bank/Lender for disclosing / submitting the 'financial information' as defined in Section 3 (13 ) of the Insolvency and Bankruptcy Code, 2016 (
'Code' for brief ) read with the relevant Regulations/ Rules framed under the Code, as amended and in force from time to time and as specified there under from time to time, in respect of the Credit/
Financial facilities availed from the Bank/ Lender, from time to time, and also in respect of the securities created by me/us for securing the Credit/ Financial facilities availed by the Borrower from the
Bank/ Lender, from time to time, to any 'Information Utility' ( 'IU' for brief) as defined in Section 3 ( 21 ) of the Code, in accordance with the relevant Regulations framed under the Code, and directions
issued by Reserve Bank of India to the banks from time to time and hereby specifically agree to promptly authenticate the 'financial information submitted by the Bank/Lender, as and when requested
by the concerned 'IU".
29.3 The Bank shall be entitled to offer further credit facilities by way of enhancement to the Borrower and the Borrower/authorized representative, if interested, shall record his/her consent over phone
for availing the credit facilities. The consent of the Borrower/authorized representative, so recorded, shall be binding on them and shall constitute a legally valid Agreement. The terms and conditions of
this Loan Agreement and sanction letter, if any, shall also apply to the credit facilities offered over the phone to the Borrower.' Bank shall be entitled to contact the Borrower for any promotional
campaign/offers through any electronic media including WhatsApp.
30. ARBITRATION
30.1 All matters, questions, disputes, default, difference and or claims arising out of and/or concerning and/or in connection and/or in consequence of breaches, termination or invalidity thereof or
relating to this Agreement, whether or not obligations of either or both parties under this Agreement be subsisting at the time of such dispute and whether or not this Agreement has been terminated or
purported to the terminated or completed shall be settled by arbitration in accordance with the provision of Arbitration and Conciliation Act 1996 or any statutory amendment thereof and shall be
referred to the sole arbitrator to be nominated by the Lender/Bank. The award given by the sole arbitrator shall be final and binding on all parties to all parties to the Agreement. The seat of arbitration
shall be Jaipur, Rajasthan.
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30.2 In respect of the matters where it is determined in an arbitration proceeding conducted in accordance with the preceding paragraph that (i) the arbitration proceeding provided in such paragraph is
unenforceable; or (ii) the subject matter thereof is non-arbitrable under the Indian Arbitration and Conciliation Act 1996, as amended, in such a situation, courts in Jaipur, India will have exclusive
jurisdiction in relation to such matters, each party irrevocably waives any right it may have to object to an action being brought in any of those courts, to claim that the action has been brought in an
inconvenient forum or to claim that those courts do not have jurisdiction.
31.1 It is agreed by the Borrower(s), that without prejudice to any rights of the Bank, all acts/steps as are necessary for the Bank to take in order to monitor/administer the Loan and/or its utilization
and/or the obligation of the Borrower(s) and/or the Borrower(s) compliance with the terms hereof and/or to recover amounts due to the Bank, shall and/or may be carried out by and/or through such
other person/s (including a company or body corporate) as may from time to time be appointed by the Bank in respect thereof and that the Bank will at all times be entitled to share with any such other
person that may thus be appointed by the Bank, all documents, statements of accounts and other information of whatsoever nature pertaining to the Borrower(s) and/or the Loan. The Borrower(s)
expressly recognize and accept that the Bank shall, without prejudice to its right to perform such activities itself or through its officer or servants, be absolutely entitled and have full power and
authority to appoint one or more third parties of the Bank's choice and to transfer and delegate to such third parties the right and authority to collect on behalf of the Bank all amounts hereunder and to
perform/execute all acts, deeds, matters and things connected therewith or incidental thereto including sending notices of demand, attending the residence or office of the Borrower(s) or otherwise
contacting the Borrower(s), receiving the installments in whether in the name of the Bank or in its own name from the Borrower(s), entering in to a compromise with the Borrower(s), giving a valid
receipt and granting effectual discharge to the Borrower(s) and generally performing all lawful acts as the third parties may consider appropriate for the purpose. For the purpose aforesaid or for any
other purpose at the discretion of the Bank, the Bank shall be entitled to disclose to such third parties all necessary or relevant information pertaining to the Borrower(s) and the Loan, and the
Borrower(s) hereby consent to such disclosure by the Bank. Notwithstanding the above, the Borrower(s) expressly accept and authorize the Lender to disclose any such third-party information
pertaining to the Borrower(s) and the Loan to any such third party as the Bank may select and the Borrower(s) hereby consent such disclosure by the Bank. Timely repayment of the Loan facility is the
essence of this contract.
32.1 Provided that where a recovery agent is appointed by the Bank for the purpose of taking possession of the Hypothecated Assets ("Recovery Agent"), the appointment and engagement of such
Recovery Agent shall be in accordance with the applicable law, including but not limited to guidelines issued by the Reserve Bank of India from time to time. The intention to repossess shall be
communicated to the Borrower by a prior written notice of 07 business days.
32.2 The Recovery Agent shall be entitled to take possession only after prior written notice of 07 business days has been sent to the Borrower before exercising the right of taking possession, and if the
Borrower fails to repay the Loan or remedy any other Event of Default pursuant to which such right of taking possession has been exercised by the Bank. However, no notice shall be served on the
Borrower in the event the lender comes to know that the Borrower is trying to sale, alienate and/or part with possession of the hypothecated assets.
32.3 The Recovery Agent shall proceed to take possession of the Hypothecated Assets once (1) due notice has been duly sent to the Borrower as provided in clause (II) above, (2) no payments towards
the outstanding amounts have been made by the Borrower, and (3)the Bank has not waived the Event of Default which has occurred, (4) The Recovery Agent shall ensure that it shall take possession of
the Hypothecated Assets in accordance with the applicable laws.
32.4 The Borrower shall be entitled to get the possession of the Hypothecated asset back in the event it repays the Loan within the period mentioned in the demand notice or remedies any other Event of
Default within 07 business days of the notice mentioned in clause (II) above, failing which the Hypothecated asset shall be sold without further notice to the Borrower and the sale proceeds shall be
adjusted against the due and outstanding amount as determined by the Bank.
32.5 The Recovery Agent shall, on failure of the Borrower to remedy the Event of Default, be entitled to proceed to sell/auction the Hypothecated Assets. On a sale by auction or private contract or
tender, the Borrower shall accept the Bank's account of such sale signed by the Recovery Agent as sufficient proof of the amount realised or due by or under the sale and the costs, charges and expenses
incurred in connection therewith.
33.1 The date of execution of this Loan Agreement shall be the date when this document is digitally/electronically signed, by either party (“Last Digital Date”). With respect to date of execution of
documents executed in relation to the Loan facility, the same understanding shall be applied where the document is to be signed by more than one person.
33.2 The Borrower hereby irrevocably agrees and consents to electronic and/or digital stamping and/or execution of this Loan Agreement and related documents in any manner as deemed fit by the
Bank including but not limited using Aadhar or One Time Password (OTP) or Biometric based authentication or USB token based Digital Signature Certificate (DSC).
33.3 The Borrower hereby irrevocably agrees, consents and authorizes the Bank to use the Borrower’s/ authorized signatories’ Aadhaar details and core biometric information to authenticate and verify
the Borrower/authorize signatories. The Borrower hereby irrevocably agrees and consents that by entering the OTP and/or providing the fingerprint impression (Biometric KYC) of the Borrower
/authorized signatories, it shall be treated as implied and voluntarily consent of the Borrower /authorized signatories to the Bank to validate the PAN and use the Aadhaar details for Aadhaar biometric
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authentication and the Borrower hereby authorizes the Bank to fetch the Borrower’s/ authorized signatories’ personal details from National Securities Depository Limited (NSDL) and from Unique
Identification Authority of India (UIDAI) respectively.
33.4 The Borrower hereby irrevocably agrees, consents and accepts that the Loan Agreement and related documents may be executed/digitally stamped/stored through the e-platform/digital platform of
the Bank or of /through any vendor/s appointed by the Bank and also accept terms of such platform related to execution, e-stamping, data storage etc. The Borrower accepts that the documents accepted
and/or executed on such e-platform/digital platform, shall be valid and binding upon the Borrower and can be relied upon and used by the Bank as a proper form of evidence and the undertakes not to
raise any dispute or question as regards the terms and conditions accepted thereon and as regards the documents executed on the electronic/digital platform. The Bank or such third-party vendors shall
be entitled to collect all data of the Borrower relating to IP address, location of the computer or other instrument used for execution and video recording for confirming the transaction.
33.5 The Borrower hereby irrevocably agrees and accepts that any communication received and/or sent from the Bank /third party vendors/agents etc. appointed by the Bank, whether by way of an
SMS, email etc. on the registered mobile numbers/email id(s) of the Borrower/Borrower’s authorized signatories available with the Bank shall be treated as valid and binding upon the Borrower. The
Borrower also agrees consents and accepts that the Bank shall be at liberty to treat the registered mobile number/email id of the Borrower/Borrower’s authorized signatories as valid and permitted cell
number /email id for communication.
33.6 The Borrower hereby irrevocably agrees and accepts that any communication received and/or sent from the Bank /third party vendors/agents etc. appointed by the Bank, whether by way of an
SMS, email, WhatsApp etc. on the registered mobile numbers/email id(s) of the Borrower/Borrower’s authorized signatories available with the Bank shall be treated as valid and binding upon the
Borrower. The Borrower also agrees, consents and accepts that the Bank shall be at liberty to treat the registered mobile number/email id of the Borrower/Borrower’s authorized signatories as valid and
permitted cell number /email id for communication.
33.7 The Borrower irrevocably agrees and consents that the authorized signatory is hereby authorized to authenticate/e-sign/affix digital signature for the purposes of the Loan facility on any
e-platform/digitized platform as may be desired by the Bank. The Borrower understands and agrees that the Borrower shall keep its electronic devices used for execution of this Loan Agreement fully
updated and protected against any virus, malfunction or cyber-related threats. The Borrower agrees that neither the Bank or any e-service/software provider intermediary shall be held responsible for
any failure or defect of Borrower’s equipment, other software, facilities, third party applications employed by the Borrower, or internet connectivity or for any reasons in relation to the use of the
e-platform/digital platform of the Bank or through any vendor/s appointed by the Bank and electronic and/or digital stamping and/or execution of this Loan Agreement and other related documents.
33.8 The provisions mentioned in clauses 33.1 to 33.11 of the Loan Agreement shall apply to all the documents digitally executed by the Borrower and/or Co-Borrowers in relation to the Loan facility.
33.9 The Borrower hereby confirms, acknowledges, and agrees that the online acceptance of this Loan Agreement including any addendums hereto through the Website or such other internet or
web-based means results in a binding contract between the Parties.
33.10 The Borrower is aware that transmission of this Loan Agreement, addendums to this Loan Agreement, terms and conditions, instructions, acceptances, and communications (‘Communications’)
through electronic means such as email, facsimile, SMS text messaging, websites, online acceptance, WhatsApp, etc. (‘Electronic Media’) involves a number of risks including fraudulent alterations
and incorrect transmissions and absence of confidentiality. However, the Borrower is desirous of receiving Communications from and providing Communications to the Bank through the Electronic
Media for various matters under this Loan Agreement including in relation to the Pledge and the operation thereof.
33.11 In consideration of the Bank permitting the same, the Borrower hereby irrevocably, confirms and undertakes to the Bank as under: (a) The Bank shall be entitled (without being bound to do so) to
rely upon the Communications provided through the Electronic Media (and believe the same to be genuine), for their requirements. In case of any question as to what Communications were provided or
received, the records of the Electronic Media received by the Bank shall be treated as final, conclusive and binding. (b) The Borrower has ensured and shall ensure that the Communications provided
through the Electronic Media to the Bank are provided by the Borrower and hereby agrees and confirms that the Bank shall not be responsible for conducting any verification whatsoever in this regard.
(c) The Borrower confirms that the Bank shall not be bound to act in accordance with whole or any part of the communications as it may appear in the Communications so conveyed and the same shall
be at the sole risk of the Borrower. (d) The Bank shall not be liable for the consequences of any act or any refusal or omission to act or deferment of action by the Bank on basis of the Communications
through the Electronic Media. (e) The Bank shall not be required to await receipt of the Communications in writing before taking any action in connection with the Communications provided through
any Electronic Media and the non-delivery and non-conformity of such Communications in writing shall not in any manner prejudice the Bank’s rights under this Loan Agreement or otherwise. (f) The
Bank may at any time whatsoever without assigning any reason withdraw or modify or add the Loan facility/ies provided to the Borrower in relation to the Communications through Electronic Media.
(g) The Borrower is aware and confirms that the Bank is agreeing to act on any Communications provided through Electronic Media only by reason of and relying upon the undertaking and indemnities
contained in this Clause.
Office Address: -
19-A, Dhuleshwar Garden, Ajmer Road, Jaipur, 302001 Call: +91 8690998401
Timings: 9.15 am to 6:15 pm Monday to Saturday (except second and fourth Saturdays and Bank Holidays)
Email: [email protected]
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Aadhaar
06 Nov 2024 at 14:13:29 IST (UTC+05:30) eSign
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19-A, Dhuleshwar Garden, Ajmer Road, Jaipur, 302001 Call: Phone Number: 0141- 6660645
Timings : 9.15 am to 6:15 pm Monday to Saturday (except second and fourth Saturdays and Bank Holidays)
Email: [email protected]
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DECLARATION
The Borrowers hereby declare that they have fully read and understood, and were explained about the Loan Agreement, and accept and agree to abide by all the foregoing terms and conditions/general
notes mentioned in the Key Fact Statement, Loan Agreement and any other documents executed by them pursuant to the Loan.
The Borrowers hereby confirm that whatever have been stated hereinabove is true and correct to the best of their knowledge and belief and they have entered into this Loan Agreement voluntarily, with
full knowledge of its effect and signing of this document shall construed as signing of each and every page of the Loan Agreement and all other documents annexed hereto.
IN WITNESS WHEREOF,
The Borrowers hereunto set their hands at the place and on the date as mentioned in FIRST part of this Agreement.
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Annexure-I
LETTER OF GENERAL LIEN AND SET OFF
To,
_______________________,
________________________,
LETTER OF GENERAL LIEN, SET-OFF IN RESPECT OF DEPOSITS/CREDIT BALANCES/MARGIN PAYMENTS/ MONIES created in favour of the Lender and CROSS
COLLATERIZATION/CROSS LINKING of PROPERTIES, SECURITIES, ASSETS, RECEIVABLES AND SECURITY INTERESTS (“SECURITY”) in consideration of the Lender granting or
continuing to make available loan/ facility of Rs. ______________ (Rupees _______________) (“Facility”) to the Undersigned, pursuant to the terms of sanction letter ref ___________ dated ____________.
1. The Bank may, at any time, combine or consolidate all or any of the existing accounts of the Undersigned (of whatsoever nature) and set off or transfer any sums standing to the credit of any one or more such
accounts in or towards satisfaction of any of the liabilities of the Undersigned towards the Bank on any other account or in any other respect, whether as principal, or surety or otherwise, whether such liabilities
be present or future, actual or contingent, primary or collateral and several or joint.
2. The Undersigned:- (a) shall neither withdraw nor shall be entitled to withdraw any such sums (so that the Bank shall have no obligation to release or repay any such sums to the Undersigned) and shall not do
or omit to do any act or thing which may in any way delay or prejudice the Bank’s right to retain such sums and/or apply all or any part of such sums in or towards such payment, discharge or satisfaction; (b)
shall not mortgage, charge, pledge, hypothecate or otherwise encumber or assign, transfer or otherwise deal with or grant or suffer to arise any third party rights over or against the Security (except for
encumbrance already created in favour of the Bank) and/or whole or any part of such sums.
3. The Bank is authorised, in its absolute discretion, at any time and from time to time to notify any other creditors of the Undersigned of the terms and undertakings set out herein;
4. Notwithstanding anything contrary contained in the Agreement and/or any other document executed in furtherance of the Loan/Facility extended under the Agreement or any other document executed in
furtherance of the facility already extended or to be extended by the Lender (which term shall include and the subsidiaries, affiliates/associate entities of the Lender") at a future date (“Transaction Document”).
A. the Security created by the Undersigned or any other obligor towards the Facility(s) availed under the present Transaction Documents shall also be a continuing security for:
(i) all other monies that may be due from and payable by the Undersigned on account of the facilities already availed or to be availed from the Lender.
(ii) facility granted / continued to the group companies/associate/affiliates of the Undersigned, as declared from time to time.
B. that any security created by the Undersigned and/or the, under any other Transaction Documents executed or to be executed in favor of Lender and against which the Lender has already extended or shall extend
facility, shall be a continuing security for the Facility extended under the present Transaction Documents and the security already extended or to be extended, shall not be discharged till the time all facilities already
availed or to be availed from the Lender are re-paid in full and discharged to the satisfaction of the Lender.
C. that the Lender shall have lien and right of set off over all such security created in favor of the Lender under any Transaction Document executed at present, in past or in future, and against all monies, deposits,
assets and other properties of the Undersigned, which are deposited with/under the control of the Lender (or any of its group companies) by giving 07 days’ prior notice to the Undersigned.
D. that the Lender shall be within its rights to withhold the No Objection Certificates and/or withhold issuance No Dues Certificates and/or withhold the security created, in its sole discretion, for any
loan/facility/credit facility pending closure of all other loan/facility/credit facility availed by the Undersigned before or after availing the Loan/Facility/Credit Facility under the present Transaction Documents.
E. The Security created under the Agreement and the liability of the Undersigned shall not be affected, impaired or discharged by winding up (voluntary or otherwise) or by any change in name, merger or
amalgamation, reconstruction, takeover of the management, dissolution or nationalization (as the case may be) of any of the Undersigned.
F. that in the event of any default being committed by the Undersigned under any other agreement with the Lender, under which the Undersigned is enjoying financial/ credit facility, such event, shall be considered as
an event of default occurred under the present Transaction Documents and the Lender, shall be absolutely entitled to exercise all or any of its rights under the Agreement including right to set off in respect of any
amount standing to the credit of the Undersigned in any/all of the loan/ facility(ies) availed/to be availed from the Bank.
5.Nothing herein shall restrict the operation of any general lien, set-off or other rights or remedies available to the Bank, whether by law or otherwise, and this letter of general lien, set-off and cross collateralization
is in addition and without prejudice to any lien, guarantee, mortgage, hypothecation or security now or hereafter held by the Bank;
6. This letter of general lien, set-off and cross collateralization is governed by and shall be construed in accordance with the laws of India and the Undersigned hereby irrevocably submits to the jurisdiction of the
Courts at Jaipur. The Undersigned further undertakes, on the Bank’s request, to nominate an agent with an address in India to accept service of any legal process in India on behalf of the Undersigned and such agent
shall acknowledge in writing to the Bank its appointment as such agent and service of legal process on such agent shall be deemed to constitute service on the Undersigned.
Chandan Kumar
Aadhaar
06 Nov 2024 at 14:13:29 IST (UTC+05:30) eSign
Document Id: 672b2c22824d44bbeb360723
Borrower
Co-Borrower
Guarantor
Annexure-II
(Example of SMA, NPA Classification and NPA Upgradation of Term Loan Cases)
1. IRAC Circular Refer Para No. 2.1.2 (i) - interest and/ or instalment of principal remains overdue for a period of more than 90 days in respect of a Term Loan
Example Description - SMA and NPA Classification of Term Loan Cases based on overdue date.
Example Detail: If due date of a Loan account is March 31, 2021, and complete dues are not received before the lending institution runs the day-end process on this date, the date of overdue shall be March 31, 2021.
If it continues to remain overdue, then this account shall get tagged as SMA-1 upon running day-end process on April 30, 2021 i.e. upon completion of30 days of being continuously overdue. Accordingly, the date of
SMA-1 classification for that account shall be April 30, 2021."Similarly, if the account continues to remain overdue, it shall get tagged as SMA-2 upon running day-end process on May 30, 2021 and if continues to
remain overdue further, it shall get classified as NPA upon running day-end process on June 29, 2021. This is further elaborated as below mention table:
30-Apr-21 31 SMA-1
30-May-21 61 SMA-2
29-Jun-21 21 NPA
lRAC Circular Refer Para No. 4.2.5 - If arrears of interest and principal are paid by the Borrower in the case of Loan accounts classified as NPAs, the account should no longer be treated as nonperforming and may
be classified as 'standard' accounts.
Example Description - Upgradation of NPA Account: Loan accounts classified as NPAs may be upgraded as 'standard' asset only if entire arrears of interest and principal are paid by the Borrower
30-May-21 61 SMA-2
31-May-21 10000
29-Jun-21 91 NPA
30-Jun-21 10000
1-Jul-21 Upgradation*
*Upgradation of Account to standard category can be done after total pending due of Rs. 40000 is received from borrower by the Bank
IRAC Circular Reference Para No. 4.2.7 (c) - Asset Classification to be Borrower-wise and not Loan facility-wise "Para No. 4.2.7.1 -It is difficult to envisage a situation when only one Loan facility to a
Borrower/one investment in any of the securities issued by the Borrower becomes a problem credit/investment and not others. Therefore, all the Loan facilities granted by a bank to a Borrower and investment in all
Chandan Kumar
Aadhaar
06 Nov 2024 at 14:13:29 IST (UTC+05:30) eSign
Document Id: 672b2c22824d44bbeb360723
the securities issued by the borrower will have to be treated as NPA/NPI and not the particular Loan facility/investment or part thereof which has become irregular.
Example Description - NPA Classification on based on Borrower wise and not Loan facility wise.
Example: If any Loan Facility of Borrower is classified as NPA upon running day-end process as on date, all the Loan facility of the Borrower needs to be classified NPA upon same day. It is further explained as
below mentioned table:
AA TermLoan2 29-Jun-2 I NPA Classified Due to Borrower A Term Loan J is classified NPA
Cash Credit/ Overdraft 29-Jun-2 l NPA Classified Due to Borrower A Term Loan I is classified NPA
IRAC Circular Refer Para No. 4.2.5 - If arrears of interest and principal are paid by the Borrower in the case of Loan accounts classified as NPAs, the account should no longer be treated as nonperforming and may
be classified as 'standard' accounts.
Example Description - Upgradation of NPA Account: Loan accounts classified as NPAs may be upgraded if arrears of interest and principal are repaid in all the facilities of the Borrower
A TermLoan2 29-Jun-21 NPA Classified Due to Borrower A Term Loan I is classified NPA
A Cash Credit/ Overdraft 29-Jun-21 NPA Classified Due to Borrower A Term Loan I is classified NP
*Upgradation of Borrower's accounts to standard can be done if arrears of interest and principal are repaid in all the facilities of the Borrower
Chandan Kumar
Aadhaar
06 Nov 2024 at 14:13:29 IST (UTC+05:30) eSign
Document Id: 672b2c22824d44bbeb360723
Rs.91,000
Date: 06/11/2024
ON DEMAND, the Borrower(s), Co-Borrowers and /or the Guarantors as named in the Agreement executed in continuation to Loan Application Form No. PUN0003744617 Dated 30/10/2024, do
hereby promise to pay to AU SMALL FINANCE BANK LIMITED which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include its successor(s) and
permitted assign(s)) (hereinafter referred to as the “AUSFB/BANK/Lender” ) a sum of Rs.91,000/- (Rupees Ninety One Thousand Rupees Only) for value received together with interest as per
sanctioned terms as mentioned in Sanction Letter/KFS and as amended from time to time. Presentment for payment and noting, and protest of this note are hereby unconditionally and irrevocably
waived.
Chandan Kumar
Aadhaar
06 Nov 2024 at 14:13:29 IST (UTC+05:30) eSign
Document Id: 672b2c22824d44bbeb360723
Date: 06/11/2024
To,
The Manager
AU Small Finance BANK
Dear Sir/s,
Borrower executed a demand promissory note for,91,000(Rupees Ninety One Thousand Rupees Only) dated 06/11/2024 (Demand Promissory Note), duly signed, sealed and delivered as security for
the repayments by the Borrower to the Lender of any sum now due or which may hereafter be or become due by the Borrower to the Lender under the Loan facility granted by the Lender in terms of the
Loan Agreement dated 06/11/2024 executed between the Borrower and the Lender and any other Loans and advances granted by the Lender to the Borrower from time to time notwithstanding the fact
that the Loan facility may from time to time be reduced or extinguished, or the balance in the said account brought to credit, the intention being that the Demand Promissory Note and the security shall
be a continuing security for borrowing by the Borrower at any time to the Lender.
Yours faithfully,
Chandan Kumar
Aadhaar
06 Nov 2024 at 14:13:29 IST (UTC+05:30) eSign
Document Id: 672b2c22824d44bbeb360723
Annexure IV
To
Dear Sir
With reference to above, I would like to inform you that you have sanction a loan of Rs. 91,000 On vehicle number . In the above loan I had agreed to pay the following charges.
I request you to deduct the amount of Rs 2,867 against the above given charges from the loan amount and pay the balance amount of Rs. 88,133 in favour of BANSAL
MOTORS_ND008187_001
Thanking You
Chandan Kumar
Aadhaar
06 Nov 2024 at 14:13:29 IST (UTC+05:30) eSign
Document Id: 672b2c22824d44bbeb360723
ANNEXURE AD
To,
AU Small Finance Bank Limited
Jaipur, Rajasthan
Dear Sir/Madam,
Pursuant to the terms of MITC cum Key Fact Statement and Agreement for Loan cum Hypothecation dated 06/11/2024 (“Documents”) executed by the Borrower in favour of
AU Small Finance Bank (“Bank”), this acknowledgment letter is submitted whereby the Borrower confirms the Bank of having purchased the Asset, details whereof are in the
below Schedule, out of the Loan amount sanctioned by the Bank under the aforesaid Documents.
The delivery of the Asset as detailed below has been taken in good working condition.
The Asset is hypothecated and charged in favour of the Bank by way of first and exclusive charge on the Assets.
This Annexure AD submitted to the Bank shall form part and parcel of the aforesaid Documents.
SCHEDULE
(ASSET DETAILS)
Engine Number -
Chassis Number -
Insured Amount -
Thank You,
Chandan Kumar
Date: 06/11/2024
Enclosed:
Chandan Kumar
Aadhaar
06 Nov 2024 at 14:13:29 IST (UTC+05:30) eSign
Document Id: 672b2c22824d44bbeb360723
To,
The Manager,
Dear Sir,
We thank you for sanctioning the Loan of Rs. 91000 (Rupees Ninety One Thousand Rupees Only) vide Loan Application Form No PUN0003744617 dated 30/10/2024.
We request the Bank to kindly disburse the Loan Amount in the below mentioned person on my/our behalf.
Name Of Account Holder Account Number IFSC Code Bank Name Net Amount
BANSAL MOTORS_ND008187_001 357905000005 ICIC0003579 ICICI BANK LTD 88133.00
The Bank may, before such disbursement, deduct the processing fee and other applicable charges from the Loan Amount as per the sanction terms.
Further, I/We confirm and agree that the aforesaid disbursement made by the Bank in the aforesaid account pursuant to this request would be considered and deemed to be the
disbursement made by the Bank to us/me under the terms of the MITC cum Key Fact Statement.
Thanking You
Chandan Kumar
Aadhaar
06 Nov 2024 at 14:13:29 IST (UTC+05:30) eSign